Fulmer v. Fifth Third Equipment Finance Co., No. 18-1786 (8th Cir. 2019)
Annotate this Case
The bankruptcy trustee filed suit against parties involved in the sale of a bankruptcy estate's assets under 11 U.S.C. 363. The Eighth Circuit affirmed the bankruptcy appellate panel's decision affirming the bankruptcy court's dismissal of the trustee's claims and denial of leave to amend the second amended complaint (SAC).
The court held that the trustee's claims were impermissible collateral attacks on an earlier order approving the sale in bankruptcy that was consummated under section 363. In the alternative, the trustee was not entitled to relief from the sale order, because the amended complaint failed to state a plausible claim for fraud on the court. The court also held that the trustee was not entitled to relief from the sale order under Federal Rule of Civil Procedure 60, and the district court properly denied leave to amend the complaint based on futility.
Court Description: 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.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.