071821P.pdf   08/29/2008  PW Enterprises  v.  North Dakota Racing Commission
   U.S. Court of Appeals Case No:  07-1821
   Appeal from the Bankruptcy Appellate Panel for the Eighth Circuit   
   [PUBLISHED] [Bright, Author, with Wollman and Smith, Circuit Judges]
   Civil case - Bankruptcy. Creditor or creditor's committee may obtain
   derivative standing to pursue avoidance actions under circumstances in
   which the trustee or debtor-in-possession either justifiably refuses to
   bring the creditor's proposed claims or consents to the creditor pursuing
   such claims in his stead; bankruptcy court may retroactively grant a
   creditor derivative standing; under no circumstances, however, may a
   creditor prosecute its derivative complaint without the bankruptcy court's
   permission; in this case, the bankruptcy court, in the first instance,
   should decide whether PW Enterprises should be granted retroactive
   standing to proceed derivatively; case reversed and remanded for further
   proceedings.