Legal Opinion

Larson v. Foster (In re Foster)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided September 15, 2014No. BAP No. 14-6007PublishedCited by 11 opinions

1Opinion of the Court

SHODEEN, Bankruptcy Judge.

John A. Larson, III, appeals the November 1, 2013 orders entered by the Bankruptcy Court1 granting a Motion to Dismiss his complaint and denying his Motion for Retroactive Approval to Prosecute Derivative Action Complaint. For the reasons that follow, we AFFIRM.

FACTUAL AND PROCEDURAL BACKGROUND

Cindy M. Foster (“Debtor”) was an agent for Allstate Insurance Company and a number of associated entities. According to a purchase agreement dated April 26, 2010, John A. Larson, III acquired Debtor’s insurance business and a covenant not to compete for $425,000 to be paid…

2Cases cited12 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Warth v. SeldinSupreme Court of the United States · 1975
  3. Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
  4. First National Bank of Olathe, Kansas v. Thomas M. Pontow Ann M. PontowCourt of Appeals for the First Circuit · 1997
  5. Liberty Mutual Insurance v. Official Unsecured Creditors' Committee of Spaulding Composites Co. (In Re Spaulding Composites Co.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997

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3Cited by11 opinions

  1. Critique Services, LLC v. LaToya L. StewardCourt of Appeals for the Eighth Circuit · 2016
  2. Custom Food Group, LP v. McCulloch (In re Wilson)United States Bankruptcy Court, N.D. Texas · 2015
  3. Conway v. Heyl (In re Heyl)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2018
  4. Sarachek v. Luana Savings BankDistrict Court, N.D. Iowa · 2016
  5. Cline v. Heller Draper & Horn, LLCUnited States Bankruptcy Court, E.D. Louisiana · 2023

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