IN RE WASHINGTON TRUST DEED SERVICE CORP.

BAP No. CC-97-1873-BCH, Bankruptcy No. SA-93-23770-JW, Adversary No. SA-97-01981-JW.

224 B.R. 109 (1998)

In re WASHINGTON TRUST DEED SERVICE CORPORATION, dba Lincoln Mortgage & Loan, Debtor. David NAERT, Appellant, v. Charles W. DAFF, Chapter 7 Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided June 30, 1998.

Amended Opinion Decided August 4, 1998.


Attorney(s) appearing for the Case

Kurt A. Ressler, Grant & Laubscher, L.L.P., Irvine, CA, for David Naert.

Michael K. Maher, Maher, Lee & Goddard, Irvine, CA, for Charles W. Daff, Trustee.

Before: BRANDT, HAGAN, and CARLSON, Bankruptcy Judges.


AMENDED OPINION

BRANDT, Bankruptcy Judge.

OVERVIEW

The defendant in a fraudulent conveyance action entered into a settlement with the trustee. Before court approval of the settlement, the trustee determined that the settlement was not in the best interests of the estate and withdrew his support. The bankruptcy court granted the trustee's motion to dismiss the removed state court fraud action for failure to state a claim. The defendant appeals;...

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