Sears v. Sears, No. 17-2995 (8th Cir. 2018)Annotate this Case
The Eighth Circuit affirmed the bankruptcy appellate panel's (BAP) decision affirming the bankruptcy court's dismissal of Korley Sears and Robert Sears' claims in a protracted family dispute. The court held that this case, at a minimum, was related to a case under Title 11 and the bankruptcy court had subject matter jurisdiction on this basis. The court also held that plaintiffs impliedly consented to the bankruptcy court's entry of the dismissal order; and the BAP correctly determined that the shareholder standing rule barred plaintiffs' claims because they alleged only injuries that were derivative of debtor AFY.