Sears v. Sears

The Bankruptcy Appellate Panel affirmed the bankruptcy court's order granting defendants' motion to dismiss plaintiffs' complaint. The panel held that the bankruptcy court was correct in concluding it had "arising in" jurisdiction; the bankruptcy court had, at minimum, "related to" jurisdiction; and plaintiffs have consented to the authority of the bankruptcy court. The panel also held that the bankruptcy court had continuing jurisdiction notwithstanding the closing of the case; plaintiffs' complaint was barred by res judicata; and the bankruptcy court did not err in finding the shareholders standing rule prevented plaintiffs from asserting the claims. View "Sears v. Sears" on Justia Law