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Bankruptcy :  Stock Sale Agreement – Jurisdiction –  Shareholder Standing Rule

Stephanie Maniscalco//September 14, 2018

Bankruptcy :  Stock Sale Agreement – Jurisdiction –  Shareholder Standing Rule

Stephanie Maniscalco//September 14, 2018

Where appellants challenged the dismissal of their claims, which arose from a family dispute over a stock sale agreement, the bankruptcy court had jurisdiction over the case because the plaintiffs impliedly consented to the court’s entry of the dismissal order, and the Bankruptcy Appellate Panel properly found that the claims were barred by the shareholder standing rule.

Judgment is affirmed.

Sears v. Sears (MLW No. 72092/Case No. 17-2995 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.) Appealed from U.S. Bankruptcy Appellate Panel, 8th Circuit (Jerrold L Strasheim, Omaha, Nebraska, argued for appellant) (Kristin Mae Victoria Krueger, Omaha, Nebraska, argued for appellee; Donald L. Swanson and Brian Joseph Koenig appeared on the brief).

Read the full text of this opinion. (PDF)

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