  MEMORANDUM DECISION ON MOTIONS FOR ABANDONMENT AND TO APPROVE SETTLEMENT- 15  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  In making this finding, the Court cautions that this does not take into account the  Trustee’s potential fees or attorney compensation. Thus, even though the Court finds that the  presumption of impropriety has been rebutted on the record before it, the Trustee ultimately  must determine whether utilizing the carve-out will provide a net benefit, after payment of  administrative costs, to unsecured creditors following a reasonable period of investigation and  marketing. This issue necessarily will come before the Court upon a fee request for trustee  compensation and attorney fees under § 330(a). See All Island Truck Leasing, 546 B.R. at  533-35 (where the court denied the fee requests of the trustee and employed professionals  arising in connection with a carve-out agreement because the trustee’s and attorneys’ services  provided no benefit to unsecured creditors). At the March 16th hearing the Trustee  acknowledged the potential risk of non-payment of some of his fees should his legal efforts  result in minimal distributions to creditors.    Based on the foregoing, the Court denies the Motion for Abandonment as to 29828 SE  370th Street and 518 116th Avenue Court East. Such denial is without prejudice to any party  in interest's right to renew the motion as additional facts are developed. The Court will continue  the Motion for Abandonment as to the Residence located at 24608 SE 416th Street to 2:30  p.m. on June 8, 2017, for a two-hour evidentiary hearing to provide the parties with the  opportunity to further investigate the potential value of the property to the Estate, the tax  consequences of any sales, and the likelihood of success on the Trustee’s § 363(h) and other  legal claims. The Court also grants the Trustee’s Motion to Approve Settlement.    / / / End of Memorandum Decision / / /       Case 16-43505-MJH Doc 58 Filed 03/24/17 Ent. 03/24/17 14:33:04 Pg. 15 of 15

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