Rains

Rains v. Flinn (In Re Rains)

Good Law
428 F.3d 893·2005 WL 2979235
United States Court of Appeals for the Ninth CircuitNovember 7, 200503-16538, 04-15743California6,169 words

Opinion

Opinion

Rawlinson, J.

These consolidated appeals arise from the bankruptcy court’s approval of, and subsequent enforcement of, a settlement agreement resolving adversary proceedings brought by the trustee-appellee and a creditor against the debtor-appellant. Because we conclude that the settlement agreement was valid, and that enforcement of the agreement was proper, we affirm the district court’s decision upholding the approval of the settlement agreement. Although the district court erred in ruling that the appeal of the judgment enforcing the settlement was untimely, we affirm the entry of judgment in favor of the trustee.

I. BACKGROUND

A. The Settlement Agreement

Omer L. Rains is an attorney and a debtor in bankruptcy. Kenny W. Flinn is the bankruptcy trustee. In September 2002, the bankruptcy court appointed a mediator in connection with adversary proceedings involving Rains, Flinn, and a creditor. A settlement conference was held on September 23, 2002, and after a full day of negotiations, the parties reached a settlement agreement (settlement or agreement). The agreement was reduced to writing and the parties (including Rains) and their attorneys signed it.

Pursuant to the terms of the…

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