Morgan v. Goldman (In Re Morgan)
United States Bankruptcy Appellate Panel for the Eighth Circuit
1Concurring in part, dissenting in part
MAHONEY, Bankruptcy Judge,
concurring in part and dissenting in part.
I concur in the decision of the majority to reverse the order in the Dedmon case, but not only for the reasons stated by the majority. I will explain further in my dissent.
I dissent from the reasoning and conclusion of the majority with regard to the Morgan order.
The standard of review with regard to findings of fact is clear error. I cannot say that the Morgan judge’s findings that Goldman’s testimony at the May hearing and November hearings was inconsistent and that she had a conflict of interest with the unsecured…
2Cases cited7 opinions
- In Re LundborgUnited States Bankruptcy Court, D. Connecticut · 1990
- Richman v. StraleyCourt of Appeals for the Tenth Circuit · 1995
- Alexander v. Jensen-Carter (In Re Alexander)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2003
- Dye v. Brown (In Re AFI Holding, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
- Miller v. Miller (In Re Miller)Bankruptcy Appellate Panel of the Tenth Circuit · 2003
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