Christopher Phillips v. Nancy James

Good Law
460 F. App'x 636
United States Court of Appeals for the Ninth CircuitNovember 29, 201110-35705California325 words

Opinion

Opinion

MEMORANDUM

Christopher B. Phillips, a Chapter 7 debtor, appeals pro se from the district court’s judgment affirming the bankruptcy court’s orders approving the trustee’s settlement agreement with Standard Insurance Company (“Standard”) and denying Phillips’s claim of exemption in disability insurance income. We have jurisdiction under 28 U.S.C. § 158 (d). We review for an abuse of discretion the bankruptcy court’s approval of a settlement agreement. Martin v. Kane (In re A & C Pro-ps.), 784 F.2d 1377, 1380 (9th Cir.1986). We affirm.

The bankruptcy court did not abuse its discretion by approving the settlement agreement. See In re A & C Props., 784 F.2d at 1380-81 (approval of a compromise is not an abuse of discretion where the record contains a factual foundation establishing that the compromise was fair, reasonable, and adequate). Even assuming that the trustee could fairly be said to have rejected assumption of Phillips’s executory contract with Standard, Phillips’s contention that the trustee therefore had no legal authority to enter into the settlement agreement with Standard is unpersuasive. See 11 U.S.C. § 541 (a)(1) (estate generally includes all of debtor’s legal…

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