DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

066058P.pdf   03/09/2007  PW Enterprises, Inc.  v.  State of North Dakota
   U.S. Court of Appeals Case No:  06-6058
   U.S. Bankruptcy Court for the District of North Dakota   
   [PUBLISHED] [Schermer, Author, with Federman and Venters,
   Bankruptcy Judges]
   Bankruptcy Appellate Panel. Without prior court approval, derivative
   standing does not exist, and the bankruptcy court did not err in when it
   denied plaintiff's belated request to assert avoidance and recovery actions
   on behalf of the estate; however, in the remaining counts of the complaint
   plaintiff seeks disallowance of the defendants' claims, the denial of
   priority status to defendants' claims and the equitable subordination of
   defendants' claims and it had standing under Section 502(a) as a party in
   interest to object to defendants' claims and their priority status; case
   remanded with directions to reinstate these counts.