Randall Seaver, et al v. Burwell Family Partnership, et al, No. 08-3002 (8th Cir. 2009)
Annotate this CaseCourt Description: Civil case - bankruptcy. Opinion of the BAP affirmed without comment.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 08-3002 ___________ In re: John R. Burwell, * * Debtor, * * ----------------------------* * Randall L. Seaver, Trustee, * * Appellee, * * Appeal from the United States v. * Bankruptcy Appellate Panel * for the Eighth Circuit. Burwell Family Limited Partnership; * RHFP, LLC, * [UNPUBLISHED] * Appellants, * * John R. Burwell; Albert Kelly, Jr., * * Defendants. * ___________ Submitted: October 9, 2009 Filed: October 23, 2009 ___________ Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. Burwell Family Limited Partnership and RHFP, LLC, appeal from the decision of the Bankruptcy Appellate Panel (BAP) affirming the bankruptcy court s1 judgment in favor of Randall Seaver, the Trustee of defendant John Burwell s bankruptcy estate. Reviewing the bankruptcy court s factual findings for clear error and its conclusions of law de novo, see In re Vote, 276 F.3d 1024, 1026 (8th Cir. 2002), we agree with the BAP s analysis. Accordingly, we affirm. See 8th Cir. R. 47B. We also deny the Trustee s motion to dismiss. ______________________________ 1 The Honorable Nancy C. Dreher, Chief Judge, United States Bankruptcy Court for the District of Minnesota. -2-
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