Thomas

Order Accepting Bankruptcy Court’s Amended Proposed Findings of Fact and Conclusions of Law

Now before the Court are Amended Proposed Findings of Fact and Conclusions of Law (“Proposed Findings”) submitted by Bankruptcy Judge Thomas E. Carlson in this interpleader action. (Dkt. No. 1-5.) Interpleader Defendant and Cross-Defendant R. Todd Neilson, Liquidating Trustee of the Del Biaggio Liquidating Trust (“Trustee”) has filed objections to the Bankruptcy Court’s findings, (Dkt. No. 1-7), to which Interpleader Defendant and Third-Party/Cross-Plaintiff, Thomvest Holdings LLC, has filed a response (Dkt. No. 1-8). Pursuant to Federal Rule of Bankruptcy Procedure 9083(d), this Court has conducted a de novo review of the Trustee’s objections and the Proposed Findings and Conclusions.

Having carefully considered the papers submitted and the record in this action, and for the reasons set forth below, the Court hereby Accepts the Bankruptcy Court’s Amended Proposed Findings of Fact and Conclusions of Law. In summary, the Court concurs that reformation of' the parties’ agreement to effectuate their original intent is appropriate. Consequently, the Court affirms that Trustee is not entitled…