Flores v. Missouri Higher Education Loan Authority

Summary

The court ordered Rebecca Flores to show cause why the action should not be dismissed because a nonlawyer trustee may not represent a trust pro se in federal court. The order gives Plaintiff 30 days to retain counsel, amend the complaint to assert claims solely on her own behalf, or otherwise show cause, and holds complaint screening in abeyance.

Holdings

1. A trust must appear in federal court through a licensed attorney.
2. A nonlawyer trustee may not appear pro se on behalf of the trust because the trustee generally is not the real party in interest and lacks authority to present arguments for the trust.

Questions Presented

1. Whether a private trust may appear in federal court without representation by a licensed attorney.
2. Whether a nonlawyer trustee may proceed pro se on behalf of the trust.

Disposition

other