the Third Circuit has not addressed derivative standing in Chapter 7 cases, “other courts have permitted individual creditors to bring derivative avoidance actions where the Trustee declined to do so.” In re Mou San Rim, Civ. No. 10-1066(DMC), 2010 WL 4615174, at *2, 2010 U.S. Dist. LEXIS 117458, at *6 (D.N.J. Nov. 3, 2010) (citing Hyundai Translead, Inc. v. Jackson Truck & Trailer Repair, Inc. (In re Trailer Source), 555 F.3d 231, 243-44 (6th Cir.2009) (finding that “there is no textual support in the Code for drawing such a distinction between Chapter 7 and Chapter 11 contexts” and that “there are substantial policy reasons for allowing derivative standing in Chapter 7 proceedings”); PW Enters., Inc. v. N.D. Racing Comm’n (In re Racing Servs., Inc.), 540 F.3d 892, 898 (8th Cir.2008) (<HOLDING>); In re Sandenhill, Inc., 304 B.R. 692, 694
holding that derivative standing is available to a creditor to pursue avoidance actions when it shows that a chapter 7 trustee  is unable or unwilling to do so holding in a case where a chapter 11 trustee was appointed after a period during which the debt or had operated as debtor in possession that a chapter 11 trustee has two years from the date of his appointment not from the commencement of the chapter 11 case to bring avoidance actions 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 holding that chapter 13 debtors have standing to bring avoidance actions by reasoning that chapter 13 trustee has standing but little incentive to bring avoidance actions that will result in benefit to debtors of recovering exempt assets holding that because  544b1 provides only the power of avoidance it does not confer authority on the trustee to pursue state law damage claims but that the trustee could pursue such claims under  544a1 or 2 if the claims could have been asserted by the debtor corporation