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IN RE MORAN

No. 08-3606.

566 F.3d 676 (2009)

In re Robert J. MORAN, Debtor. W. Thomas Stark, Plaintiff-Appellant, v. Robert John Moran; Marvin A. Sicherman, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 28, 2009.

Attorney(s) appearing for the Case

ARGUED: Joseph Robert Spoonster III, Fortney & Klingshirn, Akron, Ohio, for Appellant. Lynn R. Larsen, Law Office Of Timothy Farrell Sweeney, Cleveland, Ohio, for Appellees. ON BRIEF: Joseph Robert Spoonster III, Fortney & Klingshirn, Akron, Ohio, for Appellant. Lynn R. Larsen, Timothy F. Sweeney, Law Office Of Timothy Farrell Sweeney, Cleveland, Ohio, Marvin A. Sicherman, Dettelbach, Sicherman & Baumgart, Cleveland, Ohio, for Appellees.

Before: BOGGS, Chief Judge; GILMAN and ROGERS, Circuit Judges.

OPINION

ROGERS, Circuit Judge.

Shares owned by a bankrupt party amounting to a one-third interest in a closely held corporation—shares that the debtor had not originally listed in the bankruptcy petition—subsequently increased in value. The debtor and the bankruptcy trustee agreed that if the debtor paid to the bankruptcy estate an amount sufficient to cover all the bankrupt's debts for which creditors had filed proofs of claim, the trustee...

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