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.

066009P.pdf   08/17/2006  Rick D. Lange  v.  Robert C. Schropp
   U.S. Court of Appeals Case No:  06-6009
                          and No:  06-6012
                          and No:  06-6010
   District of Nebraska   
   [PUBLISHED] [Federman, Author, with Schermer and Venters, Bankruptcy
   Judges] 
   Bankruptcy Appellate Panel. Action for breach of fiduciary duties is
   not barred by prior orders allowing bank to foreclose and refusing to
   appoint trustee. Property bought at foreclosure sale by partners of debtor
   without disclosure of their interests is property of estate. Bankruptcy
   court properly held partners breached their fiduciary duty to the debtors'
   estates by stipulating to relief from the stay to protect their personal
   interests, by secretly buying property at foreclosure, by misrepresenting
   their actions, and by failing to account for or turn over foreclosure surplus
   amount. Bankruptcy court's award of damages is affirmed in part and
   reversed in part. The Bankruptcy erred in not awarding net cash flow
   earned after the foreclosure sale in the amount of $375,605.05.