Michael Goldstein v. Richard Diamond , 623 F. App'x 841 ( 2015 )

United States Court of Appeals
For the Eighth Circuit
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No. 15-2408
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In re: Richard Allen Diamond
lllllllllllllllllllllDebtor
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Michael Jay Goldstein
lllllllllllllllllllllAppellant
Michael Fitzgerald
v.
Richard Allen Diamond
lllllllllllllllllllllAppellee
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Appeal from the United States Bankruptcy
Appellate Panel for the Eighth Circuit
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Submitted: December 1, 2015
Filed: December 14, 2015
[Unpublished]
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Before SMITH, BYE, and SHEPHERD, Circuit Judges.
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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).
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1
The Honorable Charles E. Rendlen III, United States Bankruptcy Judge for the
Eastern District of Missouri.
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