Spirtos

Spirtos v. Ray

Good Law
270 F. App'x 540
United States Court of Appeals for the Ninth CircuitMarch 14, 2008No. 06-55965California617 words

Opinion

lead Opinion

MEMORANDUM **

Thelma Spirtos (“Thelma”) appeals a Bankruptcy Appellate Panel (“BAP”) decision affirming a settlement agreement between the trustee of Basil Spirtos’s (“Basil’s”) bankruptcy estate and one of the estate’s creditors. She also appeals the BAP’s orders imposing $22,500 in sanctions for a frivolous appeal and a frivolous petition for rehearing. We affirm the decision and the sanctions orders.

Thelma lacks standing to object to the settlement agreement. Thelma proffered her claim against Basil’s bankruptcy estate in support of her failed Chapter 11 plan, and the claim subsequently became property of her Chapter 7 bankruptcy estate. Therefore, the trustee of Thelma’s bankruptcy estate possesses the exclusive right to object to the settlement agreement on behalf of the estate, and he filed a notice of non-opposition. See 11 U.S.C. § 323 ; Moneymaker v. CoBen (In re Eisen), 31 F.3d 1447 , 1451 n. 2 (9th Cir.1994); see also Estate of Spirtos v. One San Bernar-dino County Superior Court Case Numbered SPR 02211, 443 F.3d 1172 , 1175-76 (9th Cir.2006).

Thelma argues that part of her claim against Basil’s bankruptcy estate, the child support arrearages, did not become part of…

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