costs. 1 . While section 323 provides that "a trustee in a case under this title is the representative of the estate” and "has capacity to sue and be sued,” 11 U.S.C. § 323(a) & (b), "[t]he reality of a filing under Chapter 13 is that the debt- or[ is] the true representativef ] of the estate....” In re Freeman, 72 B.R. 850, 854 (Bankr.E.D.Va.1987) (citing In re Ciavarella, 28 B.R. 823, 827 (Bankr.S.D.N.Y.1983)) (citing In re Cook, 26 B.R. 187 (Bankr.D.N.M. 1982)) (emphasis added). Thus, as a practical matter, a Chapter 13 debtor and trustee share concurrent standing to sue. See In re Griner, 240 B.R. 432, 437 (Bankr.S.D.Ala.1999) (finding that, read together, 11 U.S.C. §§ 323 and 1303 create concurrent standing); Donato v. Metropolitan Life Ins. Co., 230 B.R. 418, 425 (N.D.Cal.1999) (<HOLDING>). 2 . One who seeks the benefits of bankruptcy
holding that funds held by chapter 13 trustee become property of the chapter 7 estate upon conversion not subject to exemption 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 recognizing authority of chapter 13 trustee to recover overpayment but not finding refund appropriate where error was attributable to trustee 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 debt or and trustee have concurrent standing to litigate prepetition causes of action