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· 10/23/2013

Robert A. Sears v. Joseph H. Badami

Citations

  • 734 F.3d 810
  • 70 Collier Bankr. Cas. 2d 605
  • 2013 WL 5735551
  • 2013 U.S. App. LEXIS 21489
  • 58 Bankr. Ct. Dec. (CRR) 166

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the “possible solvency” of the debtor’s estate did not give the shareholder appellant standing
  • noting that a finding that a party did not object is a finding of fact
  • “Appellate standing in bankruptcy cases is more limited than Article III standing or the prudential standing requirements associated therewith.”
  • even sole shareholders of closely held S corporation lacked standing to pursue bankruptcy appeal, as their interest in litigation was merely derivative of corporation’s
  • “The ‘persons aggrieved’ standard is ‘[d]erived from the now-repealed Bankruptcy Act of 1898.’”
  • indirect consequences from a bankruptcy order are not enough to confer appellate standing

Source: CourtListener parenthetical corpus (CC0).

Judges: Riley, Loken, Shepherd

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.