Plaintiff had standing to file small claims notice against his bankruptcy attorney

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Alfred McClure appeals the trial court’s judgment in favor of his former client, Jackie Cooper. We affirm but remand with instructions. McClure raises three issues on appeal, which we restate as:

(1) Whether the trial court erred in not granting McClure’s Motion to Dismiss for Improper Venue; (2) Whether the trial court erred in denying his Motion for Change of Judge; and (3) Whether Cooper lacked standing to file this claim.

Conclusion (slip op. at 7):  The trial court did not err in denying McClure’s Motion to Dismiss for Improper Venue or his Motion for Change of Judge. Finally, Cooper had standing to bring this action but because he failed to list his claim against McClure in his bankruptcy filing, we remand to the trial court with instructions to notify the bankruptcy court and trustee of the small claims court’s judgment and this Opinion. Cooper may then take such action as allowed but the bankruptcy court and trustee. Affirmed but remanded with instructions.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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