Bowman v. Not Applicable

Filing 8

MEMORANDUM OPINION and ORDER.ORDERED that the judgment of the Bankruptcy Court is AFFIRMED with respect to (i) the June 25, 2013 Order denying the Motion for Reconsideration and Amended Motion to Defer Reopening Fee and (ii) the July 23, 2013 Order denying the reopening of the case for failure to pay the reopening fee. Signed by District Judge Gerald Bruce Lee on 11/26/2013. (rban, )

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION

IN RE GARY BOWMAN,

Appellant.

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Case No. 1:13-cv-01140-GBL

MEMORANDUM OPINION AND ORDER

THIS MATTER is before the Court on Appellant Gary Bowman's appeal of (i) an order

of the Bankruptcy Court for the Eastern District of Virginia ("Bankruptcy Court") denying Mr.
Bowman's Motion for Reconsideration [of the Order Denying Motion to Defer Payment of Fee]
and Amended Motion to Defer Reopening Fee, and Mr. Bowman's appeal of (ii) the Court's
Order denying the reopening of the bankruptcy case in which Mr. Bowman was sanctioned, for
failure to pay the reopening fee.

There are three issues before the Court. The first issue is whether the Bankruptcy Court
abused its discretion by requiring Mr. Bowman to pay the wrong amount in filing fees and
refusing to reopen his case based on the non-payment of the wrong amount of fees. The second

issue is whether the Bankruptcy Court abused its discretion by not extending the time to pay the
correct fee after it denied Mr. Bowman's motion for reconsideration of payment or deferral of

the filing fee. The third issue is whether the Bankruptcy Court abused its discretion by not
waiving the filing fee even though Mr. Bowman claimed that appropriate circumstances justified
waiver of fee.