Adams v. Manown

In Adams v. Manown, 328 Md. 463, 480, 615 A.2d 611 (1992), the Court of Appeals confronted another bankruptcy-related case in which the action had "not been brought by the real party in interest." In that unusual case, Adams had concealed a claim from his bankruptcy trustee and his creditors, filed suit to enforce the claim after he emerged from bankruptcy, and recovered a $43,000.00 judgment on it. On appeal, the Court of Appeals, on its own motion, recognized that the claim belonged to Adams's bankruptcy estate even though the estate was closed (id. at 478), that Adams's former trustee was the real party in interest (id. at 477), and that Adams himself lacked "standing." Id. at 480. In those circumstances, the court allowed the bankruptcy trustee to substitute for Adams. Id. at 480-81. The court did not require the trustee to file a new action. See id. at 481.