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Public-Sector Solutions, Inc. v. Hcg Software, LLC

United States District Court, D. Maryland

September 24, 2014

PUBLIC-SECTOR SOLUTIONS, INC., Appellant,
v.
HCG SOFTWARE, LLC, et al., Appellees. In re PUBLIC-SECTOR SOLUTIONS, INC

MEMORANDUM

JAMES K. BREDAR, District Judge.

Pending before the Court are several motions including Appellee HCG Software, LLC's ("HCG")[1] motion to dismiss this bankruptcy appeal. (ECF No. 2.) The Court concludes this motion should be granted for the reasons stated therein. The Court has considered the parties' various filings as to this motion (ECF Nos. 11, 15, & 18), and no hearing is necessary, Local Rule 105.6 (D. Md. 2014).

Appellant Public-Sector Solutions, Inc., which was the debtor in the bankruptcy court, has no authority to bring this appeal of the bankruptcy court's order granting relief under Chapter 7 of the Bankruptcy Code. See C. W. Mining Co. v. Aquila, Inc., 636 F.3d 1257, 1265 (10th Cir. 2011); South Edge LLC v. JPMorgan Chase Bank, NA., Civ. Nos. PMP-RJJ-11-0240, PMP-RJJ-11-301, 2011 WL 1626567, at *5-7 (D. Nev. 2011). The Trustee, Joseph J. Bellinger, possesses sole authority under these circumstances to decide to appeal the order for relief, and he seeks to intervene for the purpose of joining in HCG's motion to dismiss. (ECF Nos. 4, 15.) These motions will also be granted. All other pending motions are mooted by dismissal of the appeal. A separate order will follow.


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