181134P.pdf   12/28/2018  David Oetting  v.  David Sosne
   U.S. Court of Appeals Case No:  18-1134
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Loken, Author, with Benton and Shepherd, Circuit Judges] 
   Civil case - Multi-district Litigation in In Re BankAmerica Corp. Sec. 
   Litig. For related litigation, see Oetting v. Norton, 795 F.3d 886 (8th 
   Cir. 2015). In appeal by a class representative regarding the dismissal of 
   an unsecured creditor claim and amended claim he filed in the pending 
   Chapter 7 bankruptcy proceedings of the lead class counsel, a claim for 
   unreturned cy pres distribution was no longer in issue; a claim that the 
   firm had negligently supervised the fund distribution was time-barred; the 
   bankruptcy court erred in concluding that a claim for disgorgement was 
   barred by Missouri's five-year statute of limitations; however, the 
   bankruptcy court did not err in disallowing this claim because no 
   disgorgement had been ordered in the MDL action and therefore the 
   bankruptcy claim is premature and lacks supporting foundation; to assure a 
   prompt resolution of the case and compliance with the court's mandate in 
   In Re BankAmerica Corp. Sec. Litig. 775 F.3d 1060 (8th Cir. 2105), the 
   bankruptcy court is directed to take certain actions; reversed and 
   remanded to the district court with instructions to remand to the 
   bankruptcy court for further proceedings.