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IN RE DIGITAL RESOURCE, LLC

BAP Nos. 99-6064MN, 99-6065MN, 99-6067MN.

246 B.R. 357 (2000)

In re DIGITAL RESOURCE, LLC, Debtor. Digital Resource, LLC, Plaintiff-appellee, Signal Bank National Association, Intervenor plaintiff, v. Abacor, Inc., a Minnesota corporation formerly known as Alderbrook Technologies, Inc.; James A. Lostetter; Randy J. Lostetter, Defendants-appellants. Digital Resource, LLC, Plaintiff-appellee, Signal Bank National Association, Intervenor plaintiff, v. Christopher A. Grove; Severson, Sheldon, Dougherty & Molenda, P.A.; Appellants, Abacor, Inc., a Minnesota corporation formerly known as Alderbrook Technologies, Inc.; James A. Lostetter; Randy J. Lostetter, Defendants-appellants. Digital Resource, LLC, Plaintiff-appellee, Signal Bank National Association, Intervenor plaintiff, v. Abacor, Inc., a Minnesota corporation formerly known as Alderbrook Technologies, Inc.; James A. Lostetter; Randy J. Lostetter, Defendants-appellees.

United States Bankruptcy Appellate Panel for the Eighth Circuit.

Decided March 31, 2000.

Attorney(s) appearing for the Case

David F. Herr, Minneapolis, MN, Michael McCarthy, Christopher Grove, for appellant.

Lonny D. Thomas, Woodbury, MN, Gregory M. Erickson, Peter B. Stein, for appellee.

Before WILLIAM A. HILL, SCHERMER, and JACKWIG, Bankruptcy Judges.

WILLIAM A. HILL, Bankruptcy Judge.

James Lostetter, Randy Lostetter, and Abacor, Inc., appeal from the bankruptcy court's June 25, 1999 memorandum order concluding that they were liable to the debtor for fraud and breach of an asset purchase agreement involving the sale of their computer software business to the debtor. The defendants contend, inter alia, that they committed neither fraud nor breach of contract and that it was improper for the bankruptcy court to...

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