Shepard Johnson v. Ust - United States Trustee

U.S. Court of Appeals for the Ninth Circuit
Shepard Johnson v. Ust - United States Trustee, 457 F. App'x 662 (9th Cir. 2011)
457 Fed. Appx. 662; 457 F. App’x 662; 2011 U.S. App. LEXIS 22195; 2011 WL 5317309

Shepard Johnson v. Ust - United States Trustee

Opinion

MEMORANDUM **

Shepard Johnson appeals pro se from the judgment of the Bankruptcy Appellate Panel (“BAP”) affirming the bankruptcy court’s order approving a settlement agreement between the Chapter 7 trustee and the Solarte lot owners. We have jurisdiction under 28 U.S.C. § 158(d). We review de novo BAP decisions, and apply the same standard of review that the BAP applied to the bankruptcy court’s ruling. Boyajian v. New Falls Corp. (In re Boyajian), 564 F.3d 1088, 1090 (9th Cir. 2009). We affirm.

Contrary to Johnson’s contention, the bankruptcy court did not abuse its discretion by approving the settlement agreement because the facts in the record establish that the compromise was fair, reasonable, equitable, and adequate. See Martin v. Kane (In re A & C Props.), 784 F.2d 1377, 1380-81 (9th Cir. 1986) (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).

Johnson’s remaining contentions, including that the bankruptcy court failed to make specific findings of fact, are unpersuasive.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
In Re Shepard JOHNSON and Monte Johnson, Debtors, Shepard Johnson, Appellant, v. UST—United States Trustee, Sacramento; Et Al., Appellees
Status
Unpublished