Opinion
No. 566911
January 12, 2005
MEMORANDUM OF DECISION RE DEFENDANT'S MOTION TO DISMISS
The defendant, John Metas, in the above-entitled matter filed a motion to dismiss the plaintiff's action filed on September 21, 2004. The defendant alleges pursuant to Practice Book § 10-31 et. seq. that the plaintiff's action should be dismissed on the basis of a lack of standing.
On or about January 13, 1993, the plaintiff, George A. Negro, filed for relief under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the District of Rhode Island in Case Number 1:93-bk-10087. On November 19, 1993, the Chapter 11 proceeding was converted into a Chapter 7 case. Said bankruptcy estate is still pending in the bankruptcy court in Rhode Island (see Affidavit of Trustee).
The present action instituted by the plaintiff as set out in the amended complaint dated July 7, 2004, seeks money damages and other equitable relief.
As to assets of the bankruptcy estate, the trustee is the legal owner of any claim, i.e. the real party in interest and the only person with standing to sue on behalf of this estate. Accordingly, any action brought by anyone other than the trustee is subject to dismissal for a lack of subject matter jurisdiction. See Estate of Schoeller v. Becker, 33 Conn.Sup. 79 (1975) (Stapleton, J.); Palmieri v. Relende, 19 Conn. L. Rptr. 682, 1997 WL 374984 (Conn.Super.Ct., June 27, 1997 (Maiocco, J.); Estate of Boulais v. Boulais, 13 Conn. L. Rptr. 462, 1995 WL 55092 (Conn.Super.Ct., February 3, 1995) (Hodgson, J.); Estate of Glass v. Glass, 5 Conn. L. Rptr 58, 1991 WO 253703 (Conn.Super.Ct., September 30, 1991) (Berger, J.).
Defendant claims that the plaintiff is pursuing claims against him that could only be prosecuted by the trustee in bankruptcy. The court concurs with the defendant that the plaintiff lacks standing to pursue the second through the fourth count of the amended complaint. A close reading of the first count of his amended complaint, however, indicates that he is seeking money damages and/or equitable relief for conversion of funds covering transactions that occurred post-petition. Based on the status of the pleadings, the court cannot conclude that the plaintiff lacks standing to pursue his claim against the defendant of failing to account for the monies from the sale of the Manchester, Connecticut property. The claim for credit against the $900,000 mortgage owed to the plaintiff wife does not appear to be a claim of the estate to be prosecuted by the trustee. Furthermore, the record is unclear as to the discharge, if any, concerning the plaintiff's liability for debts owed to his ex-wife in the divorce judgment.
Based upon the above analysis, the court concludes that the plaintiff can prosecute Count One of his amended complaint against the defendant without preemption by the trustee pursuant to federal and state law.
The defendant's motion to dismiss is hereby granted as to the second, third and fourth counts of his amended complaint only. The case shall proceed further as to the first count.
Devine, J.