Unpublished Dispositionin the Matter of Gordons Transports, Inc., Debtor.m.m. Gordon, A.w. Gordon, Jr., John K. Gordon, Esther G.lantz, Van C. Conaway and v. Cavett Conaway, Appellants, v. A.j. Calhoun, Trustee of Gordons Transports, Inc., Appellee, 842 F.2d 331 (6th Cir. 1988)

In this action under Tennessee law by a trustee in bankruptcy of a debtor corporation against former officers, directors, stockholders and others for mismanagement and other wrongs, District Judge Robert M. McRae correctly held that the trustee has standing to maintain this action under 11 U.S.C. § 541. Upon appointment, the trustee succeeds to the assets of the corporation, including its legal claims, causes of action and other intangible assets. The fact that the lawsuit may ultimately fail on the merits or because the defendants have a valid defense does not affect the trustee's right to pursue the action. His standing under Sec. 541 does not depend on whether his claims are subject to demurrer or summary judgment. He has asserted an injury to the corporation as an entity and that is sufficient to establish standing. Accordingly, the judgment entered by District Judge McRae on the question of standing which was then certified to this Court under Sec. 1292(b), Title 28, is affirmed for the reasons set out by Judge McRae at pages 5-6 (App. 51-52) of his opinion of January 26, 1987.