DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
076046P.pdf 07/27/2009 GAF Holdings, Inc. v. Philip Rinaldi
U.S. Court of Appeals Case No: 07-6046
U.S. Bankruptcy Court for the Western District of Missouri
[PUBLISHED] [Kressel, Author, with Schermer and Mahoney,
Bankruptcy Judges]
Bankruptcy Appellate Panel. For the Panel's prior opinion in the
matter, see GAF Holdings, LLC v. Rinaldi (In re Farmland Industries,
Inc.), 378 B.R. 829 (8th Cir. 2007). For the Eighth Circuit's opinion
reversing that decision and remanding the matter, see GAF Holdings,
LLC v. Rinaldi (In re Farmland Industries, Inc.) 567 F.3d 1010) (8th Cir.
2009). The bankruptcy court did not err in dismissing the action because
GAF's complaint failed to state a claim upon which relief could be
granted; GAF lacked standing to pursue its action because it was not an
aggrieved party; GAF's action was barred by the doctrine of collateral
estoppel and by 11 U.S.C. Sec. 363(m).
076046P.pdf 12/05/2007 GAF Holdings, Inc. v. Philip Rinaldi
U.S. Court of Appeals Case No: 07-6046
U.S. Bankruptcy Court for the Western District of Missouri
[PUBLISHED] [Schermer, Author, with Kressel, Chief Judge, and McDonald,
Bankruptcy Judge]
Bankruptcy Appellate Panel. Bankruptcy court lacked subject matter
jurisdiction over a complaint between non-debtor entities seeking
damages for intentional interference with a business expectancy and
civil conspiracy; case remanded with directions to dismiss the complaint.