Lunan v. Jones, 523 F. App'x 339

Lunan, a pro se debtor, appeals a district court order dismissing her appeal of a bankruptcy court sale-authorization order.
The bankruptcy court converted Lunan’s case from Chapter 11 to Chapter 7 after she failed to comply with a court order.
The Trustee moved to authorize sale of real property at 3520 Orebank Road, Kingsport, Tennessee; Lunan did not object or respond by deadlines.
The bankruptcy court approved the sale; Lunan did not challenge the sale by timely appeal.
The district court dismissed for lack of standing, holding Lunan was not a “person aggrieved” who could appeal the order.
This court reviews standing de novo when the facts are undisputed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Lunan had standing to appeal the sale-authorization order.	Lunan argues she is aggrieved and can appeal.	Trustee and district court say she lacks pecuniary interest and thus no standing.	Lunan lacked standing; district court affirmed.

Stamper v. United States (In re Gardner), 360 F.3d 551 (6th Cir. 2004) (clearly erroneous facts, de novo law review on bankruptcy appeals)
Moran v. LTV Steel Co. (In re LTV Steel Co.), 560 F.3d 449 (6th Cir. 2009) (standing reviewed de novo when facts are undisputed)
Harker v. Troutman (In re Troutman Enters., Inc.), 286 F.3d 359 (6th Cir. 2002) (prudential standing; debtors rarely have pecuniary interest)
Fid. Bank, Nat’l Ass’n v. M.M. Grp., Inc., 77 F.3d 880 (6th Cir. 1996) (standing requires a direct, adverse pecuniary effect)
Cult Awareness Network, Inc. v. Martino (In re Cult Awareness Network, Inc.), 151 F.3d 605 (7th Cir. 1998) (debtors rarely have surplus; standing depends on potential surplus)
Kowal v. Malkemus (In re Thompson), 965 F.2d 1136 (1st Cir. 1992) (surplus possibility must be reasonable)
Simon v. Amir (In re Amir), 436 B.R. 1 (B.A.P. 6th Cir. 2010) (standing where surplus is a reasonable possibility)