- Case Type:
- Case Status:
- HI-20-1042-BSG (9th Circuit, Aug 27,2020) Not Published
- BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Ha.) denying chapter 7 debtor's motion to reconsider order approving settlement agreement. Bankruptcy court did not abuse discretion by applying local rule vacating hearing after absence of written objection. Debtor failed to establish that order entered improvidently based on misinformation or false statements. BAP would not consider arguments first raised on appeal. BAP would not consider arguments absent from Debtor's opening brief, and would not consider arguments in unauthorized brief.
- Procedural context:
- Bankruptcy court (D. Hawaii) entered order approving chapter 7 trustee's motion to approve compromise over debtor's objection. Debtor appealed to BAP for 9th Cir.
- Stirling and Bordenyuk entered into an agreement whereby Bordenyuk, for a fee, would provide personal services to Stirling, including handling Stirling's finances and caring for her condominium in Hawaii. Stirling and Bordenyuk entered into a three-year lease agreement for the condominium ("Lease"), with Stirling as lessor and Bordenyuk as lessee. Stirling passed away three weeks after entering into the Lease with Bordenyuk. Bordenyuk filed various claims in the probate case seeking compensation for services she provided to Stirling ($564,778.52) and reimbursement for payment of certain expenses for the condominium ($438,722.28). In turn, the personal representative filed claims against Bordenyuk including declaratory and injunctive relief on her claims and for an order compelling her to return probate estate property. Probate court denied Bordenyuk's claims. Bordenyuk appealed. Bordenyuk filed bankruptcy. Chapter 7 trustee negotiated settlement with personal representative whereby trustee would dismiss appeal and claims against probate estate in exchange for $20,000. Debtor failed to object and order entered approving. Debtor filed affidavit that could be construed as an objection to settlement motion, then filed motion for relief from settlement motion, and notice of appeal. Bankruptcy court denied motion for relief from settlement motion. Debtor appealed.
- Brand, Spraker, Gan
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