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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND JOHN S. BREEN and TERESA J. BREEN, Appellants, * v. * ZVI GUTTMAN, ESQ., * Appellee. * * IN RE: BREEN, JOHN S. & TERESA J. Debtors * * * * * * * * * Bankr. No. 02-58017-RG * * * * * * Civil Action No.: RDB 06-3218 * *

MEMORANDUM OPINION This case is before this Court on appeal from the Order of United States Bankruptcy Judge Robert A. Gordon denying a Motion to Reconsider filed by Appellant-Debtors John S. Breen and Theresa J. Breen ("Appellants" or "Debtors"). The underlying issue involves Judge Gordon's decision to approve the settlement of litigation that Appellant-Debtor John S. Breen initiated against his former employer in Maryland state court. The causes of action asserted by Mr. Breen were eventually included as assets in the Chapter 7 bankruptcy estate. As a result, the litigation was administered by Appellee-Trustee Zvi Guttman, Esq. ("Appellee" or "Trustee"). Mr. Breen objected to the proposed settlement negotiated by Trustee--under which the state court defendants agreed to pay the bankruptcy estate $13,000--on grounds that a portion of his claims are based on post-petition activity and therefore cannot be the property of the bankruptcy

estate. The Bankruptcy Court held an evidentiary hearing to address the proposed settlement and Mr. Breen's related objections. Based on evidence presented at that hearing, the Bankruptcy Court found that Mr. Breen's litigation claims based on post-petition activity only amounted to $500 in value. This appeal followed.1 This Court has jurisdiction pursuant to 28 U.S.C.

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Maryland Law