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One of the most litigated and discussed issues of the last four years among Bankruptcy Practitioners has been whether a bankruptcy Trustee who proposes a settlement of litigation of which he becomes involved has Trustee in a bankruptcy estate which he is administering has made adequate investigation and carefully evaluated the issues, risks and costs of continued litigation to support his recommendation for a settlement.

Trustee has a dual responsibilities to close a case and distribute assets recovered in a timely manner. He also provide a meaningful distribution for creditors.

During a multimillion dollar bankruptcy which began in 20??, David Boyer Senior served as trustee and David Boyer 2 was approved by the Bankruptcy court to serve as Counsel for the Trustee, Debtor challenged the propriety of the settlement. Trustee's recommendation was upheld by the Bankruptcy Court, appealed by the United States District Court For Northern District of Indiana, Hammond Division and Appealed by the Debtor to the 7th Circuit Court of Appeals in Chicago, Ill. Again the Court upheld the Trustee's decision and Defendant sought review by the Unnited States Supreme court through a petition for a Writ of Certiori which was denied on. ? 2012. The link on this page will take you to the full opinion of the 7th Circuit Court of Appelas which now is the highest court decision on this issue and the end of this case..

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