In Re Perts

MEMORANDUM OPINION

ROBERT G. MAYER, Bankruptcy Judge.

THIS CASE was before the court on Nicole Herrick’s motion to approve a settlement between the debtor and herself relating to the division of the proceeds of sale of their former marital home. For the reasons stated below, the settlement will not be approved and the trustee will be directed to disburse one-half of the net proceeds to Ms. Herrick. The other one-half will be retained by the trustee and disbursed in accordance with the debtor’s confirmed chapter 13 plan.

David J. Perts and Nicole Herrick were married in 1996. While married, they…