In re: BRUCE LEE ALLEN, DBA Bruce Allen Construction v. GARY L. RAINSDON, Chapter 7 Trustee; ZIONS FIRST NATIONAL BANK

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: BRUCE LEE ALLEN, DBA Bruce
Allen Construction,
Debtor,
BRUCE LEE ALLEN,
Appellant,
v.
GARY L. RAINSDON, Chapter 7 Trustee;
ZIONS FIRST NATIONAL BANK,
Appellees.
No. 14-60001
BAP No. 13-1107
MEMORANDUM*
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Jury, Kirscher, and Kurtz, Bankruptcy Judges, Presiding
Submitted July 26, 2016**
Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
FILED
AUG 03 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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Bruce Lee Allen, a Chapter 7 debtor, appeals pro se from the Bankruptcy
Appellate Panel’s (“BAP”) judgment affirming the bankruptcy court’s order
approving the Chapter 7 trustee’s settlement of claims that Allen asserted in state
court against Zions First National Bank. We have jurisdiction under 28 U.S.C.
§ 158(d). We review de novo BAP decisions, and apply the same standard of
review that the BAP applied to the bankruptcy court’s ruling. Boyajian v. New
Falls Corp. (In re Boyajian), 564 F.3d 1088, 1090 (9th Cir. 2009). We affirm.
The bankruptcy court did not abuse its discretion by approving the
settlement agreement because the record supports the bankruptcy court’s
conclusion that the settlement was fair and equitable. See Martin v. Kane (In re
A&C Props.), 784 F.2d 1377, 1380-83 (9th Cir. 1986) (approval of a compromise
is not an abuse of discretion where the record contains a factual foundation
establishing that the compromise was fair and equitable).
We do not consider matters not specifically and distinctly raised and argued
in Allen’s opening brief to the BAP. See Burnett v. Resurgent Capital Servs. (In re
Burnett), 435 F.3d 971, 976-77 (9th Cir. 2006) (issues not presented to BAP are
waived unless there are “exceptional circumstances”).
All pending requests are denied as moot.
AFFIRMED.
14-60001 2

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