Boyher v. Radloff, No. 11-6077 (8th Cir. 2012)Annotate this Case
Debtor appealed the order of the bankruptcy court approving the Chapter 7 Trustee's "Amended Final Report, Proposed Distribution, and Motion for Abandonment," over debtors' objection. The court found that the bankruptcy court did not abuse its discretion in interpreting its order to overrule debtors' objection and to approve the Trustee's Amended Final Report. Debtors waived their rights to settlement funds under the plain language of the order. Accordingly, the court affirmed the judgment.
Court Description: Bankruptcy Appellate Panel - Chapter 7. Bankruptcy court did not abuse its discretion in overruling objections to the Trustee's Amended Final Report, which distributed money refunded from the IRS to the creditors, as debtors waived their right to those funds under the settlement agreement. [ March 08, 2012