Larry Kenneth Alexander v. John A. Hedback, No. 10-1667 (8th Cir. 2010)
Annotate this CaseCourt Description: Bankruptcy Case - real property. In consolidated appeals, dismissal of action for a declaratory judgment and approval of settlement between trustees are summarily affirmed for reasons stated by district court and bankruptcy appellate panel.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 10-1667 ___________ Larry Kenneth Alexander, Appellant, v. John A. Hedback, Trustee of the Bankruptcy Estate of Georgia Yvonne Stephens, Appellee. * * * * * * * * * * * ___________ Appeals from the United States District Court for the District of Minnesota and the Bankruptcy Appellate Panel. No. 10-1855 ___________ In re: G. Yvonne Stephens Debtor --------------------------------------G. Yvonne Stephens Appellant, v. John A. Hedback, Trustee of the Bankruptcy Estate of G. Yvonne Stephens; Mary Jo A. * * * * * * * * * * * * * * * * [UNPUBLISHED] Jensen-Carter, Trustee of the Bankruptcy Estate of Larry K. Alexander, Appellees. * * * * * ___________ Submitted: October 4, 2010 Filed: October 6, 2010 ___________ Before LOKEN, MURPHY, and BENTON, Circuit Judges. ___________ PER CURIAM. In these consolidated appeals, Larry Alexander challenges the district court s1 order dismissing his action for a declaratory judgment as to his ownership of real property (No. 10-1667); and G. Yvonne Stephens challenges the order of the Bankruptcy Appellate Panel (BAP) affirming the bankruptcy court s2 approval of a settlement between trustees regarding the same property (No. 10-1855). In No. 10-1667, we find that dismissal was proper for the reasons stated by the district court. See Followell v. United States, 532 F.3d 707, 708 (8th Cir. 2008) (de novo review). In No. 10-1855, we agree with the BAP s analysis in all respects. See In re Vote, 276 F.3d 1024, 1026 (8th Cir. 2002) (court of appeals applies same 1 The Honorable Davis S. Doty, United States District Judge for the District of Minnesota. 2 The Honorable Dennis D. O Brien, United States Bankruptcy Judge for the District of Minnesota. -2- standard of review as BAP, reviewing bankruptcy court s findings of fact for clear error, and its conclusions of law de novo). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -3-
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