Brown

Brown v. J.W.

Good Law
247 F. App'x 82
United States Court of Appeals for the Ninth CircuitSeptember 6, 2007No. 06-35777California721 words

Opinion

Lead Opinion

MEMORANDUM

A hastily-drawn bankruptcy settlement agreement disposing of the assets of All-vest, Inc. (“Allvest”) stated that the bankruptcy trustee would “retain” any insurance claims concerning “Allvest as insured (or insurance of any nature [sic] may apply to underlying claims by J.W. et al. and by [Evelyn] Brown for the existing judgments held by these parties) and any claims associated with such insurance including ... claims in insolvency proceedings for any insurance company.”

Brown appeals from the bankruptcy court’s finding that a claim she filed against Allvest’s insurance company in insolvency proceedings was not included in the settlement. We affirm.

“We review de novo a district court’s judgment on appeal from a bankruptcy court. We apply the same standard of review applied by the district court, reviewing the bankruptcy court’s legal conclusions de novo and its factual determinations for clear error.” Neilson v. United States (In re Olshan), 356 F.3d 1078, 1083 (9th Cir.2004) (internal citations omitted).

“The goal in interpreting any contract is to give effect to the reasonable expectations of the parties.” Neal & Co. v. Ass’n of Village Council Presidents…

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