Legal Opinion

Korley Sears v. Rhett Sears

Court of Appeals for the Eighth Circuit

Decided July 18, 2017No. 15-3352PublishedCited by 16 opinions

1Opinion of the Court

COLLOTON, Circuit Judge.

Korley Sears, a Chapter 11 debtor-in-possession, appeals a decision of the district court 1 affirming the bankruptcy court’s 2 grant of summary judgment for several creditors. The judgment allowed proofs of claim totaling over $5.2 million. We conclude that there is no merit to Korl'ey’s several objections, so we affirm.

1/

In 2007, a group of relatives and related entities owned a significant portion of the shares of a company called AFY, Inc. We refer to these parties—Rhett Sears, the Rhett R, Sears Revocable Trust, Ronald Sears, the Ron H. Sears Trust, and Dane…

2Cases cited10 opinions

  1. Pepper v. LittonSupreme Court of the United States · 1939
  2. Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co.Supreme Court of the United States · 2007
  3. Dove-Nation v. eCast Settlement Corp. (In Re Dove-Nation)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2004
  4. Contemporary Industries Corp. v. FrostCourt of Appeals for the Eighth Circuit · 2009
  5. Second Pennsylvania Real Estate Corp. v. Papercraft Corp. (In Re Papercraft Corp.)United States Bankruptcy Court, W.D. Pennsylvania · 1991

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3Cited by16 opinions

  1. Casamatta v. Resurgent Capital Services, L.P. (In re Freeman-Clay)United States Bankruptcy Court, W.D. Missouri · 2017
  2. The Security National Bank of Sioux City, IA v. Vera T. Welte Testamentary TrustCourt of Appeals for the Eighth Circuit · 2024
  3. Sears v. Sears (In re AFY, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2017
  4. Promise Healthcare Group LLC v.Court of Appeals for the Third Circuit · 2025
  5. Anthony Jeremy EriksenUnited States Bankruptcy Court, N.D. Ohio · 2022

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