Caleb Crabtree and Adriane Crabtree as Assignees of the Claims of Casey Cotton v. Allstate Property and Casualty…

Summary

The Mississippi Supreme Court answered a certified question by holding that Mississippi Code Section 97-9-11 prohibits a bankruptcy creditor from engaging a disinterested third party to purchase a debtor's cause of action. The Court relied on the statute's plain language and concluded that the statutory exception for a real party in interest does not cover a truly disinterested purchaser. The Court limited its answer to the legal rule and left the factual application to the federal court.