DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
076010P.pdf 09/24/2007 In the matter of Jo-Ann Goldma v.
U.S. Court of Appeals Case No: 07-6010
and No: 07-6016
U.S. Bankruptcy Court for the Eastern District of Arkansas
[PUBLISHED] [Federman, Author, with Kressel, Chief Judge, and
Mahoney, Bankruptcy Judge]
Bankruptcy Appellate Panel. The sua sponte order directing the trustee
to show cause why she should not be removed from a case and sanctioned
did not sufficiently describe the facts forming the basis for her removal,
and the removal order is reversed; in a second case, the notice provided
did not give the trustee adequate notice that her handling of a refund
could be grounds for removal, and that charge could not be considered in
evaluating the propriety of the removal order; however, the show cause
order was sufficient with respect to two other actions - providing false
testimony and acting while under a conflict of interest - and those two
charges could be considered; hearing on the charges was adequate to
protect the trustee's due process rights; evidence established the two
charges and the bankruptcy court did not clearly err in removing the
trustee on those grounds. Judge Kressel, concurring in part and dissenting
in part; Judge Mahoney, concurring in part and dissenting in part.