Securities & Exchange Commission v. Danning (In re Tom Carter Enterprises, Inc.)

AMENDED ORDER RE STIPULATION OF SETTLEMENT

On September 15,1986, after notice to all interested parties, the Stipulation of Settlement dated August 25 and 26, 1986, between the Co-Trustees and the Securities and Exchange Commission came on for hearing before this Court.

Having considered the Stipulation of Settlement, the documents filed in response thereto, and argument and representations of counsel, and all the pleadings and documents in this bankruptcy case and these adversary proceedings; and it appearing to the Court that there exists a bona fide dispute between the parties to the Stipulation of Settlement as to the status and right or entitlement of the Commission to intervene or appear under Bankruptcy Code Section 1109(b), 11 U.S.C. § 1109 (b), and to impose a constructive trust on certain funds transferred to the Co-Trustees pursuant to a Stipulation and Order dated March 21, 1984 entered in a then-pending case, SEC v. Thomas D. Carter, et al., No. 83-7645 RJK (C.D.Cal), and that upon entry of this Order the parties will have fully settled all the disputes between them concerning the disposition of those funds, and the funds will remain property of the debtors’ estates…