Bryan Behrens v. United State

Filing

PER CURIAM OPINION FILED - THE COURT: James B. Loken, Michael J. Melloy and Raymond W. Gruender (UNPUBLISHED) [4202947] [14-1575]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 14-1575
___________________________
In re: Bryan S. Behrens
lllllllllllllllllllllDebtor
-----------------------------Bryan S. Behrens
lllllllllllllllllllllAppellant
v.
United States of America
lllllllllllllllllllllAppellee
____________
The United States Bankruptcy
Appellate Panel for the Eighth Circuit
____________
Submitted: September 30, 2014
Filed: October 3, 2014
[Unpublished]
____________
Before LOKEN, MELLOY, and GRUENDER, Circuit Judges.
____________
PER CURIAM.

Appellate Case: 14-1575

Page: 1

Date Filed: 10/03/2014 Entry ID: 4202947

Bryan Behrens appeals the decision of the Bankruptcy Appellate Panel,
affirming the bankruptcy court’s1 order dismissing his complaint challenging the
restitution order imposed as part of his criminal sentence. Upon careful review, see
In re King, 744 F.3d 565, 569 (8th Cir. 2014) (standard of review), we conclude that
Behrens improperly sought to use an adversary bankruptcy proceeding to collaterally
attack a final criminal judgment. Accordingly, we affirm. See 8th Cir. R. 47B.
______________________________

1

The Honorable Thomas L. Saladino, Chief Judge, United States Bankruptcy
Court for the District of Nebraska.
-2-

Appellate Case: 14-1575

Page: 2

Date Filed: 10/03/2014 Entry ID: 4202947