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.
176017P.pdf 03/26/2018 R. Ray Fulmer, II v. Fifth Third Equipment
U.S. Court of Appeals Case No: 17-6017
U.S. Bankruptcy Court for the Western District of Arkansas - Fayetteville
[PUBLISHED] [Saladino, Chief Judge, Author, with Shodeen and Sanberg,
Bankruptcy Judges]
Bankruptcy Appellate Panel. In action by the trustee seeking damages
against a variety of defendants for their conduct before and during
debtors' Chapter 11 proceeding, including allegations that the defendants
concealed agreements and manipulated auction bids in order to deprive the
bankruptcy estate of more than $107 million, the finality of the auction
sale, along with statutory provisions and procedural rules, effectively
defeats the claims; the bankruptcy court's Sale Order's findings regarding
proper notice, lack of collusion, good faith, fair dealing and reasonable
consideration were all necessary and integral to the court's approval of
the sale.