United States Eighth Circuit

In a suit brought by a bankruptcy trustee alleging defendants breached their fiduciary duties to certain bankruptcy estates and converted property of the estates, a judgment against defendants and the imposition of a constructive trust and damage are affirmed as: 1) there was no error in a finding that defendants had violated their fiduciary duties when they used their position as insiders of the debtors in possession to urge a foreclosure sale and then secretly bid for the properties; and 2) there was no error as to the remedies imposed.

Appellate Information

• Decided 08/06/2007
• Published 08/06/2007

Judges

• COLLOTON, Circuit Judge., Before COLLOTON, HANSEN, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Edward D. Hotz, argued, Michael R. Peterson, on the brief, Omaha, NE, for appellant.


• For Appellees:
  
• Robert F. Craig, argued, Jenne Taub, on the brief, Omaha, NE, for appellee.