Romar Elevators, Inc. v. Tomer

Filing 16

ORDER REVERSING OPINION of U.S. Bankruptcy Court and REMANDING CASE. Signed by Judge Jackson L. Kiser on 7/14/2009. (mlh)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA DANVILLE DIVISION In Re: ROBIN GARRETT TOMER, Debtor. ___________________________________ ROMAR ELEVATORS, INC., Appellant, v. ROBIN GARRETT TOMER, Appellee, REBECCA B. CONNELLY Chapter 13 Trustee, Party in Interest. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Bankr. Case No. 08-61265

Civil Action No. 4:09CV0008 ORDER By: Jackson L. Kiser Senior United States District Judge

Appeal from the United States Bankruptcy Court For the Western District of Virginia, at Lynchburg. Hon. William E. Anderson, United States Bankruptcy Judge. (Bankruptcy Case No. 08-61265) Argued: June 29, 2009 Decided: July 2, 2009 COUNSEL: Darren W. Bentley, CLEMENT & WHEATLEY, Danville, Virginia, for Appellant. Lewis E. Goodman, Jr., Danville, Virginia, for Appellee. Rebecca B. Connelly, CHAPTER 13 TRUSTEE, Roanoke, VA, Party in Interest.

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Before me is the appeal from the United States Bankruptcy Court's February 6, 2009 Memorandum and Order confirming the Appellee's Chapter 13 bankruptcy plan. [Docket 1 ­ 18]. In this appeal, Romar Elevators, Inc. contends the bankruptcy court should not have confirmed the Chapter 13 plan and petition because it did not use the correct legal test to consider Tomer's good faith in accordance with 11 U.S.C. §§ 1325(a)(3), (a)(7). All parties, including the Chapter 13 Trustee, filed appropriate briefs and reply briefs prior to providing oral argument on June 29, 2009. I have reviewed the legal arguments, the facts in the record, and relevant legal precedence. For the reasons contained in the accompanying Memorandum Opinion, it is hereby ORDERED that the bankruptcy court's Memorandum Opinion is REVERSED AND REMANDED to provide specific findings of fact as to whether Robin Tomer's Chapter 13 petition for bankruptcy was entered in good faith. After making its specific findings of fact, the case shall be returned to this court for further consideration. The Clerk is directed to send a copy of this Memorandum Opinion and the accompanying Order to all counsel of record. Entered this 14th day of July, 2009. s/Jackson L. Kiser Senior United States District Judge

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