DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
172995P.pdf 09/06/2018 Robert Sears v. Rhett Sears
U.S. Court of Appeals Case No: 17-2995
Appeal from the Bankruptcy Appellate Panel for the Eighth Circuit
[PUBLISHED] [Colloton, Author, with Smith, Chief Judge, and Beam, Circuit
Judge]
Civil case - Bankruptcy Appellate Panel. The case is, at a minimum,
"related to" a case under Title 11, and the bankruptcy court had subject
matter jurisdiction; the bankruptcy court invoked jurisdiction based on 28
U.S.C. Sec. 1334, and the "well-pleaded complaint rule" regarding removal
does not apply; plaintiffs impliedly consented to the bankruptcy court's
entry of the dismissal order; because plaintiffs in this case allege only
injuries that are derivative of debtor AFY, the Bankruptcy Appellate Panel
correctly determined that the shareholder standing rule bars plaintiffs'
claims.