W.J. Services, Inc., Wood F. Jones and Mary L. Jones v. Commercial State Bank of El Campo

Fifth Circuit

W.J. Services, Inc., Wood F. Jones and Mary L. Jones v. Commercial State Bank of El Campo

990 F.2d 233, 1993 U.S. App. LEXIS 10879, 24 Bankr. Ct. Dec. (CRR) 354, 1993 WL 129778

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 12, 1993

Docket92-2561

StatusPublished

Cited by6 cases

This text of 990 F.2d 233 (W.J. Services, Inc., Wood F. Jones and Mary L. Jones v. Commercial State Bank of El Campo) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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W.J. Services, Inc., Wood F. Jones and Mary L. Jones v. Commercial State Bank of El Campo, 990 F.2d 233, 1993 U.S. App. LEXIS 10879, 24 Bankr. Ct. Dec. (CRR) 354, 1993 WL 129778 (5th Cir. 1993).

Pincite

Opinion

PER CURIAM:

We are called upon to visit the bankruptcy and related proceedings of the Jones’ and their corporation for the third time. Briefly stated, this appeal raises the question whether the failure of the Trustee appointed by the bankruptcy court to qualify as trustee (he failed to post a bond) deprives the bankruptcy court of jurisdiction to approve a settlement of litigation between the bankruptcy . estate and the bankrupts' former banker.

It does not. A proceeding to determine the acceptability of agreements compromising claims of the bankruptcy estate is a core proceeding which can be finally heard and determined by the bankruptcy court subject to review by the district court. 28 U.S.C. § 157(b)(2); see In re Case, 937 F.2d 1014 (5th Cir.1991). Moreover, the bankruptcy code expressly provides, “A vacancy in the office of trustee during a case does not abate any pending action or proceeding.” 11 U.S.C. § 325. Numerous other courts have held that the failure of a “de facto” bankruptcy trustee to qualify does not invalidate the trustee’s pre-qualification acts. See Sharfsin v. United States, 265 F. 916, 918 (4th Cir.1920); In re Martinez, 355 F.Supp. 650, 654 (D.C.P.R.1972); In re Holiday Isles, Ltd., 29 B.R. 827, 829-31 (Bankr.S.D.Fla.1983); In re Upright, 1 B.R. 694, 698 (Bankr.N.D.N.Y.1979).

The judgment of the district court is

AFFIRMED.

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PER CURIAM:

We are called upon to visit the bankruptcy and related proceedings of the Jones’ and their corporation for the third time. Briefly stated, this appeal raises the question whether the failure of the Trustee appointed by the bankruptcy court to qualify as trustee (he failed to post a bond) deprives the bankruptcy court of jurisdiction to approve a settlement of litigation between the bankruptcy . estate and the bankrupts' former banker.

It does not. A proceeding to determine the acceptability of agreements compromising claims of the bankruptcy estate is a core proceeding which can be finally heard and determined by the bankruptcy court subject to review by the district court. 28 U.S.C. § 157(b)(2); see In re Case, 937 F.2d 1014 (5th Cir.1991). Moreover, the bankruptcy code expressly provides, “A vacancy in the office of trustee during a case does not abate any pending action or proceeding.” 11 U.S.C. § 325. Numerous other courts have held that the failure of a “de facto” bankruptcy trustee to qualify does not invalidate the trustee’s pre-qualification acts. See Sharfsin v. United States, 265 F. 916, 918 (4th Cir.1920); In re Martinez, 355 F.Supp. 650, 654 (D.C.P.R.1972); In re Holiday Isles, Ltd., 29 B.R. 827, 829-31 (Bankr.S.D.Fla.1983); In re Upright, 1 B.R. 694, 698 (Bankr.N.D.N.Y.1979).

The judgment of the district court is

AFFIRMED.

In Re Charles George Milden, and Susan Patricia Milden, Debtors. (Two Cases) Charles G. Milden and Susan P. Milden, State of the Art, Inc., David S. Samuels, George Riviere, and David H. Hanna, Creditor-Appellees v. James J. Joseph, Chapter 7 Trustee, Robertson Stephens & Company, and Frank A. Barcott Security and Investigation, Real-Parties-In-Interest-Appellees. Charles G. Milden and Susan P. Milden, State of the Art, Inc., David S. Samuels, George Riviere, and David H. Hanna, Creditor-Appellees v. James J. Joseph, Trustee, Frank A. Barcott Security and Investigation, Real-Party-In-Interest-Appellee

111 F.3d 138 (Ninth Circuit, 1997)

In Re Lake Region Operating Corp.

209 B.R. 637 (M.D. Pennsylvania, 1997)

Jones v. Commercial State Bank of El Campo

510 U.S. 948 (Supreme Court, 1993)

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990 F.2d 233, 1993 U.S. App. LEXIS 10879, 24 Bankr. Ct. Dec. (CRR) 354, 1993 WL 129778, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wj-services-inc-wood-f-jones-and-mary-l-jones-v-commercial-state-ca5-1993.

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