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IN RE FITZGERALD

BAP No. CC-09-1314-MoPaB. Bankruptcy No. ND 09-12110-RR.

428 B.R. 872 (2010)

In re Frances Michael FITZGERALD, Debtor. Frances Michael Fitzgerald, Appellant, v. Ninn Worx Sr, Inc.; Jerry Namba, Trustee; The John Leldon Gray Trust, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed April 15, 2010.

Attorney(s) appearing for the Case

Frances Michael Fitzgerald, Nipomo, CA, Pro se.

William Charles Beall, Beall & Burkhardt, Santa Barbara, CA, for appellee Jerry Namba.

Peter Garrell, Peter Sisi, Liner Grode Stein Yankelevitz, Los Angeles, CA, for appellant John Leldon Gray Trust.

Before MONTALI, PAPPAS and BRANDT, Bankruptcy Judges.

OPINION

MONTALI, Bankruptcy Judge.

In this decision we revisit the heightened duty of a bankruptcy court to make an independent analysis and evaluation in the all too familiar situation of a trustee in bankruptcy selling to a defendant the estate's causes of action against that defendant. Our conclusion that such an analysis and evaluation should have been made in this case is bolstered by recent United States Supreme Court precedent reminding bankruptcy...

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