Fair Debt Collection: 13.3.2.3 When Standing Problems Cannot Be Avoided
If the trustee does not abandon the debt collection claim, the court will likely find that the bankruptcy trustee, rather than the consumer plaintiff, has standing to pursue the claim. In this instance, dismissal of the lawsuit is the least appropriate option for the court to choose. The court should allow for substitution of the trustee as plaintiff.185 The reference to “standing” in this context is actually something of a misnomer.