Legal Opinion

Fulmer v. Fifth Third Equip. Fin. Co. (In re Veg Liquidation, Inc.)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided March 26, 2018No. 17–6017PublishedCited by 3 opinions

1Opinion of the Court

SALADINO, Chief Judge.

The Appellant, R. Ray Fulmer, II, Chapter 7 Trustee, appeals the May 2, 2017, and September 26, 2016, orders of the bankruptcy court1 dismissing his complaint and denying leave to file a further amended complaint. We have jurisdiction over this appeal from the final orders of the bankruptcy court. See 28 U.S.C. § 158(b).

For the reasons stated below, we affirm.

STANDARD OF REVIEW

This court reviews the bankruptcy court's grant of a motion to dismiss de novo. See GAF Holding, LLC v. Rinaldi (In re Farmland Indus., Inc.) , 408 B.R. 497, 503 (8th Cir. BAP 2009), aff'd , 639…

2Cases cited15 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Taylor v. SturgellSupreme Court of the United States · 2008
  4. United Student Aid Funds, Inc. v. EspinosaSupreme Court of the United States · 2010
  5. Protective Committee for Independent Stockholders of TMT Trailer Ferry, Inc. v. AndersonSupreme Court of the United States · 1968

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3Cited by3 opinions

  1. Cornice & Rose International, LLC v. Four KeysCourt of Appeals for the Eighth Circuit · 2023
  2. Fansteel Foundry CorporationUnited States Bankruptcy Court, S.D. Iowa · 2018
  3. Whitehall Pharmacy LLCUnited States Bankruptcy Court, E.D. Arkansas · 2025

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