IN RE AFY

No. 11-2282.

734 F.3d 810 (2013)

In re: AFY, also known as Ainsworth Feed Yards Company, Inc., Debtor Robert A. Sears; Sears Cattle Co.; Korley B. Sears, Appellants v. U.S. Trustee, U.S. Trustee Joseph H. Badami, Trustee-Appellee Rolling Stone Land & Cattle, LLC, Interested party-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: October 23, 2013.


Attorney(s) appearing for the Case

Jerry L. Strasheim , argued, Omaha, NE, for Appellant.

Monica L Freeman , argued, Omaha, NE, ( Krista L. Kester and James A. Overcash , on the brief, both of Lincoln, NE) for appellee Joseph H. Badami.

Russell Allan Westerhold , on the brief, Omaha, NE, for Rolling Stone Land & Cattle, LLC.

Before RILEY, Chief Judge, LOKEN and SHEPHERD, Circuit Judges.


RILEY, Chief Judge.

Robert A. Sears and Korley B. Sears (collectively, the Sears) claim to be the sole shareholders, officers, and directors of AFY, Inc. (AFY), a debtor in bankruptcy, and Sears Cattle Co. (Sears Cattle). On February 9, 2010, AFY and Sears Cattle contracted to sell jointly-owned property, including Tracts 1 and 4,1 at auction. In March 2010, AFY voluntarily filed for bankruptcy under Chapter 11, 11 U.S.C. §§...

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