Romar Elevators, Inc. v. Tomer

Filing 19

ORDER AFFIRMING 18 Supplemental Memorandum Issued Pursuant to Remand; ORDER TO REMAND Case to United States Bankruptcy Court; ORDER DISMISSING CASE. Signed by Judge Jackson L. Kiser on 8/18/2009. (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) Submitted: August 4, 2009 Decided: August 17, 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 United States Bankruptcy Court's August 4, 2009 Supplemental Memorandum Issued Pursuant to Remand [Docket #18] determining the Robin Garret Tomer ("the Debtor") filed her chapter 13 bankruptcy petition in good faith as required under 11 U.S.C. § 1325(a)(7). In a bankruptcy appeal, I review the bankruptcy court's factual findings for clear error. In re Bryson Properties, XVIII, 961 F.2d 496, 499 (4th Cir. 1992); Fed. R. Bankr. P. 8013. Pursuant to the aforementioned standard, I find no error in the bankruptcy court's determination the Debtor filed a chapter 13 petition in good faith. Therefore, the bankruptcy court has found both the Debtor's chapter 13 petition and plan were filed in good faith in accordance with 11 U.S.C. §§ 1325(a)(3), (a)(7). I dispense with oral argument because the facts and legal contentions are adequately presented in the materials before me and argument would not aid the decisional process. It is hereby ORDERED that the bankruptcy court's Supplemental Memorandum Issued Pursuant to Remand is AFFIRMED for the reasons stated by the bankruptcy court, the appeal is DISMISSED, and the case is REMANDED to the bankruptcy court for further proceedings. The Clerk is directed to send a copy of this Order to all counsel of record. Entered this 18th day of August, 2009. s/Jackson L. Kiser Senior United States District Judge

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