PW Enterprises, Inc. v. North Dakota Racing Commission

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a “creditor thus does not meet its burden with a naked assertion . . .”
• concluding that derivative standing is available to a creditor in chapter 7 case
• holding that “derivative standing is available to a creditor to pursue avoidance actions when it shows that a Chapter 7 trustee (or debtor-in-possession in the case of Chapter 11) is ‘unable or unwilling’ to do so” notwithstanding Hartford Underwriters
• noting that “in most cases creditors will readily satisfy the colorable claim requirement, and that “a creditor’s claims are colorable if they would survive a motion to 8 dismiss.”
• adopting Second Circuit standard for instances where Chapter 7 trustee consents to derivative standing
• finding “no reason to differentiate between [proceedings under Chapters 7 and 11 of the Bankruptcy Code] for the purpose of the derivative standing analysis” and collecting decisions by the Second, Third, Fifth, Sixth, Seventh, and Ninth Circuit Courts of Appeal

Source: CourtListener parenthetical corpus (CC0).