Michael Goldstein v. Richard Diamond, No. 15-2408 (8th Cir. 2015)
Annotate this CaseCourt Description: Per Curiam - Before Smith, Bye and Shepherd, Circuit Judges] Civil case - Bankruptcy. Upon independent review, the court concludes Goldstein lacks standing to appeal the bankruptcy court's order, and the appeal of the Bankruptcy Appellate Panel's order is dismissed. [ December 11, 2015
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-2408 ___________________________ In re: Richard Allen Diamond lllllllllllllllllllllDebtor -----------------------------Michael Jay Goldstein lllllllllllllllllllllAppellant Michael Fitzgerald v. Richard Allen Diamond lllllllllllllllllllllAppellee ____________ Appeal from the United States Bankruptcy Appellate Panel for the Eighth Circuit ____________ Submitted: December 1, 2015 Filed: December 14, 2015 [Unpublished] ____________ Before SMITH, BYE, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Michael Goldstein appeals the judgment of the Bankruptcy Appellate Panel (BAP), affirming the bankruptcy court’s1 order dismissing his adversarial complaint. Upon independent review, we conclude that Goldstein lacks standing to appeal the bankruptcy court’s order. See Sears v. U.S. Tr., 734 F.3d 810, 819 (8th Cir. 2013) (appellate standing in bankruptcy cases is more limited than Article III standing or prudential standing requirements associated therewith; person-aggrieved doctrine limits standing to persons with financial stake in bankruptcy court’s order, meaning they were directly and adversely affected by order). Accordingly, we dismiss this appeal. See In re Heyl, 770 F.3d 729, 731 (8th Cir. 2014) (per curiam) (dismissing bankruptcy litigant’s appeal for lack of standing). ______________________________ 1 The Honorable Charles E. Rendlen III, United States Bankruptcy Judge for the Eastern District of Missouri. -2-
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