John R. Monroe and Anna M. Monroe

UNITED STATES BANKRUPTCY COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
In re: 	J OHN R. M ONROE
ANNA M. M ONROE ,
Debtors
Case No. 	04-40475
Judge L. S. Walter
Chapter 7
ORDER DENYING MOTION OF TRUSTEE TO SETTLE
AND COMPROMISE ADVERSARY CASE
This matter is before the court on Chapter 7 Trustee James Warren’s Motion to Settle and
Compromise Adversary Case No. 05-3223 captioned Warren v. Keechle, et al. [Doc. 65].
Trustee Warren (“Trustee”) proposes to settle the adversary case with one of the named
defendants, Jennifer Lynn Keechle, for $15,000.00. Debtors John and Anna Monroe (“Debtors”)
are also named defendants in the adversary proceeding and responded in opposition to the
Trustee’s proposed settlement [Doc. 66]. The court has considered these filings, as well as the
documents filed of record in the adversary case and the arguments of counsel presented at the
January 26, 2006 status conference and hearing. From these the court makes the following
determinations:
1) 	As an initial matter, the court concludes that the Debtors have sufficient standing
to object to the Trustee’s proposed settlement because they are named defendants
in the adversary case to be settled and because their bankruptcy likely involves a
surplus of funds following the Trustee’s distribution to creditors. See In re
This document has been electronically entered in the records of the United
States Bankruptcy Court for the Southern District of Ohio.
IT IS SO ORDERED.
Dated: January 31, 2006
____________________________________________________________
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Bugaighis, 2004 WL 3190352 (Bankr. D. Co. Nov. 5, 2004); Monus v. Lambros,
296 B.R. 629 (N.D. Ohio 2002).
2) 	Furthermore, the Trustee has failed to overcome the Debtors’ objection by
demonstrating that the proposal to compromise the adversary proceeding against
Defendant Jennifer Lynn Keechle is fair and equitable and in the best interests of
the estate. See Monus, 286 B.R. at 637 (citing TMT Trailer Ferry, Inc. v.
Anderson, 390 U.S. 414 (1968)).
For these reasons, the Trustee’s Motion to Settle and Compromise Adversary Case No.
05-3223 with Defendant Jennifer Lynn Keechle is denied.
SO ORDERED.
Copies to:
James R Warren
PO Box 706
Springfield, OH 45501
Email: jamesrwarren@sbcglobal.net
John R Monroe
Anna M Monroe
336 Rosewood Road
Medway, OH 45341
Anthony E Kohler
210 N Fountain Ave
Springfield, OH 45504
Email: kohler@core.com
Jennifer L Keechle
242 Shepard Street
New Carlisle, OH 45344
Dennis E Stegner
111 East Cecil Street
Springfield, OH 45504
Asst US Trustee (Day)
Office of the US Trustee
170 North High Street
Suite 200
Columbus, OH 43215-2417
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