Boisaubin v. Blackwell, No. 19-6040 (8th Cir. 2020)
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The Bankruptcy Appellate Panel affirmed the bankruptcy court's orders granting the trustee's second motion to compromise controversy, denying an agreed motion to seal, and denying debtor's motion to seal. The orders relate to the trustee's settlement of debtor's sexual assault claim against the Marianist Province.
The panel held that the bankruptcy court did not err by determining that debtor's sexual assault claim was part of debtor's Missouri bankruptcy estate, because the bankruptcy estate was the entity that held the contingent reversionary interest in the claim. The panel also held that the bankruptcy court did not err in approving a proposed settlement, and that the bankruptcy court did not abuse its discretion in denying the motions to seal.
Court Description: [Sanberg, Author, with Saladino, Chief Judge, and Nail, Bankruptcy Judge] Bankruptcy Appellate Panel. The bankruptcy court did not err in determining debtor's sexual assault claim against the Marianist Province was part of debtor's Missouri bankruptcy estate; nor did the court err in approving a proposed settlement; the bankruptcy court did not abuse its discretion in denying motions to seal. [ May 13, 2020 ]
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