Orville Moe v. John D. Munding (In re Raceway Park Inc.)
- Citation:
- Orville Moe v. John D. Munding (In re Raceway Park Inc.) BAP No. EW-12-1659-PaJuTa (B.A.P. 9th Cir. August 2, 2013
- Tag(s):
-
- Ruling:
- Affirms the bankruptcy court's final decree and closing the debtor's Chapter 11, finding Appellant's arguments to be moot and previously settled.
- Procedural context:
- Appeal from the bankruptcy court's final decree and order closing the Chapter 11.
- Facts:
- The debtor's plan was confirmed and all terms of the plan had been substantially consummated; the completion of all deposits and transfers under the plan; and completion of payments to all creditors, except certain administrative expenses.
Appellant sought to void a settlement agreement, claiming that it might result in financial benefit. The court found the issue moot, as Appellant made substantially the same motion six years earlier. At that time, the BAP ruled that to grant the request to void the settlement agreement "would involve 'circumstances too complex to be unraveled.'" The court found no applicable exception to the doctrine of law of the case. The court also stated that to undo the six-year-old settlement agreement would constitute a manifest injustice.
- Judge(s):
- Pappas, Jury, and Taylor.
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