No, not a London pickpocket, a Debtor-In-Possession, the Chapter XI trustee of his own bankruptcy estate. Gregory K. Crowell petitioned a NOD from the CDP in the name of Gregory K. Crowell Bankruptcy Estate 17-13624, Index No. 19992-22L, filed 3/1/24.

Problem was, USBCSDOH had confirmed Greg’s plan of liquidation, and had appointed THB (name omitted) trustee of the liquidating trust set up thereunder. Nevertheless, Greg apparently signed a subsequent 1041 for the trust, despite the trust agreement’s directive that THB file 1041s. Howbeit, by the time this landed on STJ Adam B. (“Sport”) Landy’s desk, USBCSDOH had confirmed the plan, all trust reports and distributions had been filed and made, and TBH had been discharged and released. There is no record of appointment of a subsequent trustee.

True, a DIP has all the powers and duties of a trustee in a Chapter XI prior to confirmation of a plan of reorganization. Thereafter, all the foregoing vests in the court-appointed trustee, as the bankruptcy estate ceases to exist, and the liquidating trust takes its place. Greg was ousted by operation of law eo instante.

STJ Sport Landy tosses Greg’s petition for want of a petitioner with proper authority.

OK, let us suppose Greg runs back to USBCSDOH, seeks appointment as successor trustee to TBH, and gets appointed. Equitable tolling?