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Hartman v. Still

Citation: 23 F. App'x 225Docket: No. 00-6072

Court: Court of Appeals for the Sixth Circuit; August 9, 2001; Federal Appellate Court

Narrative Opinion Summary

The case involves an appeal by a pro se appellant, Mary Green Hartman, against a district court's order that affirmed multiple bankruptcy court orders in her Chapter 13 bankruptcy proceeding. Hartman filed for bankruptcy after her home was set for foreclosure, but her case was dismissed for failure to propose a confirmable plan. She appealed this dismissal and other related orders to the district court, which upheld the bankruptcy court’s decisions. The appellate review adhered to the standard of reviewing factual findings for clear error and conclusions of law de novo. The appellate court found no clear error in the bankruptcy court’s factual findings and agreed with the district court's legal conclusions, thus affirming the lower courts' decisions. Additionally, Hartman's motion to recover the appellate filing fee was denied, solidifying the outcomes previously determined by the bankruptcy and district courts.

Legal Issues Addressed

Denial of Motion to Recover Appellate Filing Fee

Application: The appellate court denied the appellant's motion to recover the appellate filing fee after affirming the lower courts' decisions.

Reasoning: Consequently, Hartman’s motion to recover the appellate filing fee was denied, and the district court's order affirming the bankruptcy court's rulings was upheld.

Dismissal of Bankruptcy Case for Failure to Propose a Confirmable Plan

Application: The appellant's bankruptcy case was dismissed due to her inability to propose a confirmable plan, and this dismissal was upheld by both the district court and the appellate court.

Reasoning: Her case was dismissed on September 3, 1999, due to her failure to propose a confirmable plan.

Standard of Review in Bankruptcy Appeals

Application: The appellate court reviewed the bankruptcy court’s findings of fact for clear error and conclusions of law de novo, affirming the district court's application of these standards.

Reasoning: The standard of review for bankruptcy appeals involves the bankruptcy court’s findings of fact being assessed for clear error, while conclusions of law are reviewed de novo by the district court.