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Movitz v. Fiesta Invs. LLC (In re Ehmann)

Movitz v. Fiesta Invs. LLC (In re Ehmann)

Ruling
Bankruptcy court vacated its order and granted the trustee's motion to approve a settlement that mandated the court vacate its order but only after the court balanced the equities.
Procedural posture

Shortly after issuance of the court's opinion and order, the parties conditionally agreed to a settlement of the instant adversary proceeding. Under the settlement, defendant would pay to the trustee $85,000. The condition of the settlement, however, was the court's withdrawal of its opinion. Both parties moved for approval of the compromise and settlement pursuant to Fed. R. Bankr. P. 9019, for the court's withdrawal of its opinion.

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opinion summary, case decided on January 25, 2006 , LexisNexis #0206-050