Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: Peli Popovich HUNT, Debtor. Peli Popovich Hunt, an individual and Trustee of Robert and Peli Hunt Living Trust; et al., Appellants, v. Elissa D. Miller, Chapter 7 Trustee; et al., Appellees.
MEMORANDUM **
Chapter 7 debtor Peli Popovich Hunt and Carmen Popovich, Gaston Popovich, and Miguel Popovich appeal pro se from the district court's judgment affirming the bankruptcy court's order approving a compromise. We have jurisdiction under 28 U.S.C. § 158(d). We review de novo the district court's decision on appeal from the bankruptcy court and apply the same standards of review applied by the district court. Motor Vehicle Cas. Co. v. Thorpe Insulation Co. (In re Thorpe Insulation Co.), 677 F.3d 869, 879 (9th Cir. 2012). We affirm.
The bankruptcy court did not abuse its discretion in approving the chapter 7 trustee's motion for an order authorizing and approving the stipulation and compromise to resolve cross-estate claims held by the bankruptcy estates of Peli Popovich Hunt and Robert W. Hunt, M.D., a medical corporation, because the compromise was fair, reasonable, and adequate. See Martin v. Kane (In re A & C Props.), 784 F.2d 1377, 1380-81 (9th Cir. 1986) (approval of a compromise is not an abuse of discretion where the record contains a factual foundation establishing that the compromise was fair, reasonable, and adequate); United States v. Alaska Nat'l Bank of the N. (In re Walsh Const., Inc.), 669 F.2d 1325, 1328 (9th Cir. 1982) (“Because the bankruptcy judge is uniquely situated to consider the equities and reasonableness of a particular compromise, approval or denial of a compromise will not be disturbed on appeal absent a clear abuse of discretion.”).
We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n. 2 (9th Cir. 2009).
AFFIRMED.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 19-56250
Decided: July 22, 2020
Court: United States Court of Appeals, Ninth Circuit.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)