Alan Schumacher v. David Ray
Opinion
Opinion
MEMORANDUM
Alan Schumacher appeals from the district court order affirming the bankruptcy court order compelling Schumacher to comply with a court-approved settlement agreement arid awarding attorneys’ fees to the bankruptcy trastee.
I
A party who establishes that a bankruptcy trustee failed to comply with the notice requirements required to obtain court approval of a settlement agreement cannot obtain relief from the settlement agreement unless he also establishes that he has been prejudiced by such defective notice. See Rosson v. Fitzgerald (In re Rosson), 545 F.3d 764, 776 (9th Cir.2008) (reviewing defective notice in bankruptcy proceedings under the harmless error standard); see also Fed. R. Bankr.P. 9005 (applying to bankruptcy proceedings Fed. R.Civ.P. 61, which describes the harmless error standard of review). Here, even if the bankruptcy trustee failed to provide proper notice to one of the bankruptcy estate’s creditors — the probate estate-Schumacher has failed to establish how such defective notice prejudiced him in any way. Thus, any defective notice to the probate estate does not render the settlement agreement unenforceable against Schumacher.