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In re Peoples

United States Court of Appeals, Eighth Circuit

August 20, 2014

In re: Leanna S. Peoples, Debtor, Leanna S. Peoples, Appellant, Stuart J. Radloff, Appellee

Submitted June 9, 2014.

Appeal from the United States Bankruptcy Appellate Panel for the Eighth Circuit.

For Leanna S. Peoples, Appellant: John Edward Toma Jr., John E. Toma Llc, Gulf Breeze, FL.

For Stuart J. Radloff, Appellee: James B. Day, Saint Louis, MO.

Stuart Radloff, Appellee, Pro se, Saint Louis, MO.

Before BYE, COLLOTON, and KELLY, Circuit Judges.

OPINION

Page 818

COLLOTON, Circuit Judge.

Leanna S. Peoples, a Chapter 7 debtor, appeals the decision of the Bankruptcy Appellate Panel. The BAP, as the panel is commonly known, affirmed a decision of the bankruptcy court[1] approving a settlement 1 between the Chapter 7 trustee--Stuart J. Radloff--and the City of Maplewood, and denying Peoples's motion to set aside the settlement. Because Peoples lacks standing to pursue this appeal, we affirm.

I.

In 2009, Peoples filed suit in state court against her employer, the City of Maplewood, alleging several employment-discrimination claims. In April 2011, Peoples filed a pro se voluntary petition under Chapter 7 of the bankruptcy code. Peoples failed to disclose her pending lawsuit against Maplewood as an asset on the schedules that she submitted with her bankruptcy petition. In August 2011, the bankruptcy court granted Peoples's petition and discharged her from bankruptcy. The bankruptcy case was closed as a " no-asset filing."

Maplewood then moved for summary judgment in Peoples's state-court action on the ground that Peoples had failed to

Page 819

disclose the suit in her bankruptcy proceeding. In response, Peoples filed a pro se motion to reopen her bankruptcy case, disclosing the existence of her pending suit against Maplewood. In January 2012, the bankruptcy court granted Peoples's motion, and her bankruptcy case was reopened, with the Maplewood litigation listed among the estate's assets. The Chapter 7 trustee then determined that Peoples's interest in the ...


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