Legal Opinion

Pepenella v. Life Insurance Co. of Georgia (In Re Pepenella)

District Court, M.D. Florida

Decided February 5, 1988No. Appellate Bankruptcy 87-1204-CIV-T-17(C)PublishedCited by 22 opinions

1Opinion of the Court

ORDER ON APPEAL

KOVACHEVICH, District Judge.

This cause is before the Court on appeal from Order On Motion to Withdraw Chapter 7 Petition and Order on Trustee’s Objection to Listed Exempt Property under Sec. 522(i) of the Bankruptcy Code. Appellant’s Initial Brief was filed October 14, 1987. No responsive briefs have been filed by Appellees.

The burden is squarely on the appellant to show the appellate court that a finding is clearly erroneous, Griffin v. Missouri Pac. Ry. Co., 413 F.2d 9 (5th Cir.1969), and reversal of a finding is proper only when “although there is evidence to support it, the…

2Cases cited10 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. In the Matter of Multiponics, Incorporated, Bankrupt. MacHinery Rental, Inc. And Carl Biehl v. William W. Herpel, TrusteeCourt of Appeals for the Fifth Circuit · 1980
  3. Moore v. BaySupreme Court of the United States · 1931
  4. In the Matter of International Airport Inn Partnership, Debtor. Margaret G. Schroeder v. International Airport Inn PartnershipCourt of Appeals for the Ninth Circuit · 1975
  5. Alfred Griffin v. Missouri Pacific Railroad CompanyCourt of Appeals for the Fifth Circuit · 1969

5 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. In Re CochraneUnited States Bankruptcy Court, D. Minnesota · 1995
  2. Grant v. Himmelstein (In Re Himmelstein)United States Bankruptcy Court, M.D. Florida · 1996
  3. Matter of AndersonUnited States Bankruptcy Court, M.D. Florida · 1991
  4. Bakst v. Marks (In Re Marks)District Court, S.D. Florida · 1991
  5. In Re PlanasUnited States Bankruptcy Court, S.D. Florida. · 1996

17 more not listed; retrieve them via the Exa API.

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