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.
112282P.pdf 10/23/2013 Robert A. Sears v. Joseph H. Badami
U.S. Court of Appeals Case No: 11-2282
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Riley, Author, with Loken and Shepherd, Circuit Judges]
Civil case - Bankruptcy. The district court properly determined that the
provisions of 11 U.S.C. Sec 363(m)mooted the appeal from the bankruptcy
court's order permitting the trustee to assume the purchase agreement for
a tract of property; appellants failed to preserve their appeal of the
district court's holding that Sears Cattle did not object to the motion to
pay funds; because the Sears appellants cannot assert a direct interest in
the litigation, they lack appellate standing for bankruptcy purposes under
the shareholder standing rule; the trustee had standing to move to convert
the proceeding from a Chapter 11 to a Chapter 7 as debtor was not a
debtor-in-possession; the possible solvency of debtor's estate does not
give the Sears appellants standing to challenge the conversion order; all
of the Sears appellants' other standing arguments regarding the conversion
order are rejected, and the district court correctly determined they
lacked standing to appeal the conversion order.