3:04-bk-40475•John R. Monroe and Anna M. Monroe
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UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON In re: J OHN R. M ONROE ANNA M. M ONROE , Debtors Case No. 04-40475 Judge L. S. Walter Chapter 7 ORDER DENYING MOTION OF TRUSTEE TO SETTLE AND COMPROMISE ADVERSARY CASE This matter is before the court on Chapter 7 Trustee James Warren’s Motion to Settle and Compromise Adversary Case No. 05-3223 captioned Warren v. Keechle, et al. [Doc. 65]. Trustee Warren (“Trustee”) proposes to settle the adversary case with one of the named defendants, Jennifer Lynn Keechle, for $15,000.00. Debtors John and Anna Monroe (“Debtors”) are also named defendants in the adversary proceeding and responded in opposition to the Trustee’s proposed settlement [Doc. 66]. The court has considered these filings, as well as the documents filed of record in the adversary case and the arguments of counsel presented at the January 26, 2006 status conference and hearing. From these the court makes the following determinations: 1) As an initial matter, the court concludes that the Debtors have sufficient standing to object to the Trustee’s proposed settlement because they are named defendants in the adversary case to be settled and because their bankruptcy likely involves a surplus of funds following the Trustee’s distribution to creditors. See In re This document has been electronically entered in the records of the United States Bankruptcy Court for the Southern District of Ohio. IT IS SO ORDERED. Dated: January 31, 2006 ____________________________________________________________ Case 3:04-bk-40475 Doc 71 Filed 01/31/06 Entered 02/01/06 13:24:10 Desc Main Document Page 1 of 2
- 2 - Bugaighis, 2004 WL 3190352 (Bankr. D. Co. Nov. 5, 2004); Monus v. Lambros, 296 B.R. 629 (N.D. Ohio 2002). 2) Furthermore, the Trustee has failed to overcome the Debtors’ objection by demonstrating that the proposal to compromise the adversary proceeding against Defendant Jennifer Lynn Keechle is fair and equitable and in the best interests of the estate. See Monus, 286 B.R. at 637 (citing TMT Trailer Ferry, Inc. v. Anderson, 390 U.S. 414 (1968)). For these reasons, the Trustee’s Motion to Settle and Compromise Adversary Case No. 05-3223 with Defendant Jennifer Lynn Keechle is denied. SO ORDERED. Copies to: James R Warren PO Box 706 Springfield, OH 45501 Email: jamesrwarren@sbcglobal.net John R Monroe Anna M Monroe 336 Rosewood Road Medway, OH 45341 Anthony E Kohler 210 N Fountain Ave Springfield, OH 45504 Email: kohler@core.com Jennifer L Keechle 242 Shepard Street New Carlisle, OH 45344 Dennis E Stegner 111 East Cecil Street Springfield, OH 45504 Asst US Trustee (Day) Office of the US Trustee 170 North High Street Suite 200 Columbus, OH 43215-2417 ### Case 3:04-bk-40475 Doc 71 Filed 01/31/06 Entered 02/01/06 13:24:10 Desc Main Document Page 2 of 2
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