Martin v. Cox (In Re Martin)

212 B.R. 316, 1997 Bankr. LEXIS 1484, 1997 WL 583356
CourtUnited States Bankruptcy Appellate Panel for the Eighth Circuit
DecidedSeptember 23, 1997
DocketBAP 97-6039
StatusPublished
Cited by45 cases

This text of 212 B.R. 316 (Martin v. Cox (In Re Martin)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Appellate Panel for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Martin v. Cox (In Re Martin), 212 B.R. 316, 1997 Bankr. LEXIS 1484, 1997 WL 583356 (bap8 1997).

Opinion

SCHERMER, Bankruptcy Judge.

Burma Jean Martin (the “Debtor”) appeals from the bankruptcy court’s order approving a settlement of litigation between the Debtor and Barrent Goodstein(“Goodstein”). This settlement resolved claims asserted by Good-stein against the Debtor for unpaid legal fees, as well as claims by the Debtor against Goodstein for fraud, breach of contract and other related causes of action. We affirm the order of the bankruptcy court approving the settlement.

I

Burma Jean Martin filed a voluntary petition for relief under Chapter 7 of the United States Bankruptcy Code on September 20, 1995. At the time of the voluntary petition, the Debtor was involved in two pending state court proceedings with her former counsel and his law firm, Goodstein & Starr, P.C. (The “Goodstein Litigation”) 1 . In the first action, the Debtor defended against claims of counsel for recovery of outstanding legal fees in the amount of $37,181.02. In the second action, the Debtor as plaintiff, sought recovery against Goodstein on the basis of fraud and other theories stemming from an alleged promise by Goodstein that his law firm would not charge the Debtor for its legal services after the Debtor and Goodstein became romantically involved in early 1985. Upon termination of the romantic relationship, Good-stein began collection activity and the Debtor responded with her lawsuit.

After the Debtor filed her petition in bankruptcy, she removed the Goodstein Litigation to the bankruptcy court where the Chapter 7 Trustee, Richard L. Cox, (the “Trustee”) intervened. After independent investigation, the Trustee was of the opinion that it was in *318 the best interest of the estate to settle the Goodstein Litigation and Goodstein’s claim against the estate. The record reveals that the Trustee initially reached an agreement with Goodstein, (the “Initial Settlement”) whereby Goodstein would release all claims against the estate (for fees in the amount of $37,181.02) and would pay the estate $8,500.00 in full resolution of the Debtor’s claims against Goodstein. Trustee provided notice of the Initial Settlement on or about May 16, 1997, but the Debtor, together with her parents, objected. The Debtor asserted that the offer of $8,500.00 was insufficient and therefore was not reasonable. Her parents contended that the claim against Good-stein had been assigned to them by the Debt- or pre-petition and therefore, the estate had no interest in the claim.

Although the parents’ objection was overruled, the court did not approve the Initial Settlement, concluding that the Debtor’s parents should be allowed an opportunity to bid an amount in excess of the Goodstein offer of $8,500.00. The Trustee then issued a second Notice of Compromise Settlement, (the “Second Settlement”) reciting the same offer from Goodstein and indicating that the Debt- or’s parents were afforded an opportunity to bid on the claim. The Debtor then filed an objection to the Second Settlement, again contesting the reasonableness of the Good-stein offer, and the Debtor’s parents then bid $10,000.00 to purchase the Goodstein claim. Goodstein thereafter increased his offer to $10,500.00, and the Trustee provided notice of this, the third settlement (the “Third Settlement”). Again, the Debtor reiterated her prior objection. The court considered approval of the Third Settlement on April 17, 1997, almost a full year after the Initial Settlement had been noticed for approval and nearly ten years after the Goodstein Litigation commenced.

Debtor appeared and testified at the hearing as did the Trustee. After careful consideration of the reasonableness of the settlement in light of the evidence offered, the bankruptcy court approved the Third Settlement, finding that the compromise with Goodstein was in the best interest of the estate. In reaching this decision, the court considered the merits of the Debtor’s underlying fraud claim 2 , as well as the extent to which rejection of the settlement would expose the trustee to lesser recovery and subject the estate to “undue waste or needless expense.” In re Burma Jean Martin, 208 B.R. 463, 466 (Bankr.E.D.Ark.1997). Addressing the merits of the Debtor’s fraud claim, the court looked to the elements of fraud under applicable Texas law and concluded that the facts offered by the Debtor could not support a finding that Goodstein made a false representation, nor that he intended the Debtor to rely upon, or take any specific action in response to, any statements or assertions he had made. Additionally, the court found that the debtor offered no evidence concerning the value of her lawsuit against Goodstein to refute the reasonableness of the Third Settlement. Accordingly, the bankruptcy court held that the Debtor failed to establish by any credible evidence, that the Trustee would be able to effect recovery in excess of the proffered settlement of $10,500.00 together with elimination of Goodstein’s claims against the estate. In considering the evidence and testimony offered, the court also carefully weighed the credibility of the Trustee and the Debtor as witnesses, finding on one occasion that the Debtor’s tearful presentation was disingenuous.

II

The Debtor enumerates several issues on appeal, all of which derive from a basic challenge to the court’s conclusion that the $10,-500.00 cash settlement and waiver of claims was reasonable and was in the best interest of the estate. The Debtor submits that the court failed to properly consider the Trustee’s “motives” for settlement; that it failed to consider the validity of Goodstein’s claim; that the court’s findings of facts were clearly *319 erroneous; and that its legal conclusions constituted an abuse of discretion.

III

A bankruptcy appellate panel shall not set aside findings of fact unless clearly erroneous, and due regard shall be given to the opportunity of the bankruptcy court to judge the credibility of the witness. Fed. R.Bankr.P. 8013. First Nat’l Bank of Olathe Kansas v. Pontow, 111 F.3d 604, 609 (8th Cir.1997). “A finding is ‘clearly erroneous’ when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” Anderson v. City of Bessemer, 470 U.S. 564, 573, 105 S.Ct. 1504, 1511, 84 L.Ed.2d 518 (1985) (quoting U.S. v. U.S. Gypsum Co., 333 U.S. 364, 395, 68 S.Ct. 525, 541-42, 92 L.Ed. 746 (1948)). We review the legal conclusions of the bankruptcy court de novo. First Nat’l Bank of Olathe Kansas, 111 F.3d at 609; Estate of Sholdan v. Dietz, (In re Sholdan), 108 F.3d 886, 888 (8th Cir.1997). A bankruptcy court’s approval of a settlement will not be set aside unless there is plain error or abuse of discretion. New Concept Housing, Inc. v. Arl W.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

U Lock Inc v.
Third Circuit, 2025
TooBaRoo, LLC v. Western Robidoux, Inc.
135 F.4th 1133 (Eighth Circuit, 2025)
Humphrey v. U.S. Trustee
W.D. Arkansas, 2024
Simply Essentials, LLC
N.D. Iowa, 2022
Matter of the Guardianship and Conservatorship of Adam
965 N.W.2d 148 (South Dakota Supreme Court, 2021)
NovaPro Solutions LLC v.
Third Circuit, 2020
Wigley v. Wigley (In re Wigley)
557 B.R. 678 (Eighth Circuit, 2016)
Ritchie Capital Management v. Douglas A. Kelley
785 F.3d 273 (Eighth Circuit, 2015)
In re McDowell
510 B.R. 660 (N.D. Georgia, 2014)
In re Caubble
505 B.R. 857 (E.D. Arkansas, 2014)
In Re ID Liquidation One, LLC
555 F. App'x 202 (Third Circuit, 2014)
In re Witt
473 B.R. 284 (N.D. Indiana, 2012)
In Re Cockhren
468 B.R. 838 (Eighth Circuit, 2012)
In Re Washington Mutual, Inc.
461 B.R. 200 (D. Delaware, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
212 B.R. 316, 1997 Bankr. LEXIS 1484, 1997 WL 583356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-cox-in-re-martin-bap8-1997.