Legal Opinion

Sears v. Sears (In Re AFY, Inc.)

Court of Appeals for the Eighth Circuit

Decided September 6, 2018No. 17-2995PublishedCited by 9 opinions

1Opinion of the Court

COLLOTON, Circuit Judge.

Korley Sears and Robert Sears appeal a decision of the Bankruptcy Appellate Panel affirming a bankruptcy court's 1 dismissal of their claims in a protracted family dispute. We agree with the BAP that the claims are barred by the shareholder standing rule, and we therefore affirm.

I

In 2007, a group of relatives owned shares in a Nebraska corporation called Ainsworth Feed Yards Company, Inc. ("AFY"). Several of these parties-Rhett Sears, Ronald Sears, and Dane Sears-sold their interest to AFY and Korley Sears through a stock sale agreement. The agreement conditioned the…

2Cases cited13 opinions

  1. Stern v. MarshallSupreme Court of the United States · 2011
  2. Rivet v. Regions Bank of LouisianaSupreme Court of the United States · 1998
  3. American National Red Cross v. S. G.Supreme Court of the United States · 1992
  4. Franchise Tax Bd. of Cal. v. Alcan Aluminium Ltd.Supreme Court of the United States · 1990
  5. James ABRAMOWITZ, D.D.S., Appellee, v. Toni PALMER, AppellantCourt of Appeals for the Eighth Circuit · 1993

8 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. BJ's Fleet Wash v. City of OmahaDistrict Court, D. Nebraska · 2022
  2. Bernard L. Madoff Investment Securities LLC v. GoodmanDistrict Court, S.D. New York · 2023
  3. Control New MLSS LLC v. TimponeDistrict Court, E.D. Missouri · 2022
  4. Minnwest Bank v. Co-op Credit Union of MontevideoDistrict Court, D. Minnesota · 2020
  5. Olita v. United States of AmericaDistrict Court, W.D. Tennessee · 2022

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