With no explanation, chose the best option from "A", "B", "C" or "D". bring this action, but also lacks standing to seek voluntary dismissal. See Response. The Court notes that the cases upon which both Plaintiffs and Defendants rely involved Chapter 7 debtors, who without question lose their standing to pursue prepetition causes of action upon filing petitions for bankruptcy. See Wieburg v. GTE Southwest Inc., 272 F.3d 302, 306 (5th Cir.2001); In re MortgageAmerica Corp., 714 F.2d 1266 (6th Cir.1983); In re Raymond Const. Co. of Florida, Inc., 6 B.R. 793 (Bankr.M.D.Fla.1980). The rule is different for Chapter 13 debtors, however. A Chapter 13 debtor does not lose his right to sue upon filing his petition for bankruptcy. See Olick v. Parker & Parsley Petroleum Co., 145 F.3d 513, 515-16 (2d Cir.1998); In re James, 210 B.R. 276, 278 (Bankr.S.D.Miss.1997) (<HOLDING>). Rather, a Chapter 13 debtor “retains

A: holding that there is no statutory authority in chapter 13 which grants a chapter 13 debtor independent standing to sue under the trustees  avoidance power
B: holding that a chapter 13 debtor may sue and be sued and controls whether and on what terms to settle his lawsuit
C: holding that notwithstanding a debtors inability to obtain a chapter 13 discharge a debtor is nonetheless eligible to file a chapter 13 case
D: holding that a chapter 13 debtor lacked standing to avoid a mortgage under  544a3
B.