United States Court of Appeals

FOR THE EIGHTH CIRCUIT

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No. 98-1261

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In re: Bobby Noah Graven; *

In re: Bobby F. Graven, Personal *

Representative of the Estate of Millie *

Ann Graven, Deceased, *

*

Debtors. *

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Bobby Noah Graven; Bobby F. Graven, *

Personal Representative of the Estate of *

Millie Ann Graven, Deceased, *

*

Plaintiffs-Appellants, *

*

Jianbin "Jim" Wei, *

*

Movant-Appellant, *

* Appeal from the United States

v. * District Court for the

* Western District of Missouri

Richard V. Fink, Trustee, *

*

Defendant-Appellee. *

*

Bob W. Crouch, *

*

Respondent-Appellee. *

*

Farmerland Mutual Insurance Company, *

of Dade County, *

*

Respondent. *
1The Honorable John F. Nangle, United States District Judge for the Eastern

District of Missouri, sitting by designation.

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*

----------------------------------------- *

*

Bobby Noah Graven; Bobby F. Graven, *

Personal Representative of the Estate of *

Millie Ann Graven, Deceased, *

*

Debtors-Appellants, *

*

Jianbin "Jim" Wei, *

*

Movant-Appellant, *

*

v. *

*

Richard V. Fink, *

*

Trustee-Appellee. *

*

Thomas J. O'Neal, *

*

Interested Party. *

*

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Submitted: March 10, 1999

Filed: July 27, 1999

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Before McMILLIAN and MORRIS SHEPPARD ARNOLD, Circuit Judges, and

NANGLE,1 District Judge.

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2Millie Anne Graven was originally a party to the present litigation but died

during the course of the proceedings. Bobby F. Graven was substituted as her personal

representative. 

3The Honorable Ortrie D. Smith, United States District Judge for the Western

District of Missouri. 

4The Honorable Frank W. Koger, Chief Judge, United States Bankruptcy Court

for the Western District of Missouri. 

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McMILLIAN, Circuit Judge.

This is a consolidated appeal arising in a bankruptcy matter with a long and

complex history. See Fink v. Graven Auction Co. (In re Graven), 64 F.3d 453 (8th Cir.

1995), cert. denied, 517 U.S.1189 (1996); Graven v. Fink (In re Graven), 936 F.2d 378

(8th Cir. 1991). Bobby N. Graven and Bobby F. Graven2 (debtors), and their present

attorney, Jianbin "Jim" Wei, now appeal from two final orders entered in the United

States District Court3 for the Western District of Missouri, affirming orders of the

bankruptcy court4 and granting additional relief to the trustee, Richard V. Fink (the

trustee). See Graven v. Fink (In re Graven), Nos. 96-3388-CV-S-3/97-3044-CV-S-3

(W.D. Mo. Nov. 7, 1997) (affirming bankruptcy court's order and additionally imposing

sanctions against debtors and their attorney pursuant to Fed. R. Civ. P. 11), aff'g 196

B.R. 506 (Bankr. W.D. Mo. 1996) (dismissing debtors' complaint entitled “Independent

Action for Relief from Bankruptcy Proceedings, Judgments, and Orders” filed in Civ.

No. 96-338 and imposing sanctions against debtors and their attorney under Fed. R.

Bankr. P. 9011(a)); id., Nos. 96-3388-CV-S-3/97-3044-CV-S-3 (W.D. Mo. Nov. 17,

1997), aff'g No. 87-04885 (Bankr. W.D. Mo. Mar. 7, 1997) (amended order denying

motion entitled “Amended Motion (1) to Rescind Orders Authorizing Certain Creditors

to Guarantee the Payment of Trustee’s Attorney’s Fees; (2) to Remove Trustee and

Trustee’s Attorney under § 324(a); and (3) for Denial of All Compensation to Trustee’s

Attorney” filed in Civ. No. 97-3044). For reversal, debtors argue that the bankruptcy

court erred in refusing to recuse itself, dismissing count I of the first amended complaint
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in Civ. No. 96-3388, dismissing count II of the first amended complaint in Civ. No. 96-

3388, ordering them to pay sanctions under Fed. R. Bankr. P. 9011(a), denying their

motion to remove the trustee and the trustee’s attorney, awarding attorney’s fees to the

trustee, denying their motion for attorney’s fees, allowing creditors to guarantee

payment of the trustee’s attorney’s fees, and denying their motion to compel. Debtors

further argue that the district court erred in imposing sanctions against them under Fed.

R. Civ. P. 11. Debtors' attorney, Wei, joins the appeal to seek relief from the sanctions

for which he has been ordered jointly and severally liable.

 

Jurisdiction was proper in the district court under 28 U.S.C. § 158(a).

Jurisdiction is proper in this court under 28 U.S.C. § 158(d). The notice of appeal was

timely filed pursuant to Fed. R. App. P. 4(a) and 6(a).

We have carefully reviewed debtors' legal arguments in this appeal and find them

to be without merit. Debtors are attempting to relitigate issues that have been

previously decided by this court and are now governed by the law of the case. As to

those issues not previously addressed by this court, we are of the opinion that they have

been fully and correctly addressed below. We also believe that the district court and

bankruptcy court were justified in imposing sanctions against debtors and that they

have treated debtors fairly under the circumstances of this case. Although we have

some doubts about the fairness of imposing sanctions jointly and severally against Wei,

we cannot say that the lower courts abused their discretion in so doing. 

In sum, because the district court and bankruptcy court have thoroughly

explained their legal conclusions and have adequately justified their sanctions, and no

error has occurred, we conclude that further discussion is not warranted. The orders

of the district court are affirmed. See 8th Cir. R. 47B. 

 

Also before this court is the trustee's "Motion to Dismiss and for Sanctions,”

filed in this court in response to the present consolidated appeal. Upon consideration
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of that motion, we order debtors to pay the trustee's reasonable attorney's fees and

expenses incurred in defending this consolidated appeal. 

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.