is suing a creditor who is in a prior state court receivership, because that receiver is not a custodian of the debtor’s property. See Matter of Miami General Hosp., Inc. The trustee’s alternative argument, while unpersuasive in its breadth, does afford some support for a portion of this lawsuit. The trustee broadly contends that a receiver’s common law protection from being sued in a non-appointing court only applies to claims which arose after the appointment of the receiver. The trustee, however, refers to no decision so holding, and there are cases to the contrary. See Porter v. Sabin, 149 U.S. at 473, 13 S.Ct. 1008 (recognizing that the claim at issue arose prior to the appointment of the receiver); see also Riehle v. Margolies, 279 U.S. 218, 49 S.Ct. 310, 73 L.Ed. 669 (1929) (<HOLDING>); cf. McNulta v. Lochridge, 141 U.S. 327, 12
holding that it may not holding that a party may not raise a claim on appeal that was not presented to the trial court holding that a party may prosecute a claim which arose prior to the appointment of the receiver but may not then execute upon the judgment holding that under the eighth amendment to the united states constitution the government may not execute a mentally retarded person holding that a receiver may lack standing to sue if the party he is representing cannot allege an injury or assert a claim