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.
181786P.pdf 07/26/2019 R. Ray Fulmer, II v. Fifth Third Equipment Finance
U.S. Court of Appeals Case No: 18-1786
Appeal from the Bankruptcy Appellate Panel for the Eighth Circuit
[PUBLISHED] [Colloton, Author, with Smith, Chief Judge, and Erickson,
Circuit Judge]
Civil case - Bankruptcy. The Bankruptcy Appellate Panel did not err in
determining that the Chapter 7 trustee's claims constituted an
impermissible collateral attack on an asset sale that was consummated
under 11 U.S.C. Sec. 363; the trustee's complaint fails to plead a
plausible claim for fraud on the court; the trustee was not entitled to
relief from the sale order under Fed. R. Civ. P. 60; leave to amend the
complaint was properly denied, as the trustee's proposed amendments were
futile.