Legal Opinion
Rose v. Carlson (In Re Rose)
District Court, W.D. Missouri
Decided April 5, 1990No. Bankruptcy 85-02215-S-11; 89-3205-CVC-S-4PublishedCited by 16 opinions
1Opinion of the Court
ORDER
RUSSELL G. CLARK, District Judge.
On May 19, 1989, appellant appealed the Bankruptcy Court’s orders of December 30, 1988, and February 8,1989. The Court will affirm in part and reverse in part the Bankruptcy Court’s orders.
Under Bankruptcy Rule 8013, a reviewing court may not set aside findings of fact unless clearly erroneous. In re Sheehan, 350 F.Supp. 907 (W.D.Mo.1972). The district court is not permitted to try the case de novo. Matter of Roberts, 8 B.R. 291 (W.D.Mo.1981). A finding is clearly erroneous when, although there is evidence to support it, the reviewing court on the entire…
2Cases cited11 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- The First National Bank of Clinton v. Vance Julian, Trustee in Bankruptcy of Roby C. Woody, D/B/A Woody Motor Company, BankruptCourt of Appeals for the First Circuit · 1967
- Tennant v. John Tennant Memorial HomeCalifornia Supreme Court · 1914
- Lewis E. Solomon, Trustee of the Estate of Northwood Millwork, Inc., a Corporation, Bankrupt v. Northwestern State BankCourt of Appeals for the Eighth Circuit · 1964
- Commerce Bank of Kansas City v. Roberts (In Re Roberts)District Court, W.D. Missouri · 1981
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Booth v. Vaughan (In Re Booth)Bankruptcy Appellate Panel of the Sixth Circuit · 2001
- In Re TaylorUnited States Bankruptcy Court, D. South Carolina · 1996
- Bailey v. CampbellSupreme Court of Oklahoma · 1992
- Carpio v. Smith (In Re Carpio)United States Bankruptcy Court, W.D. Missouri · 1997
- Kovacs v. Sargent (In Re Sargent)United States Bankruptcy Court, N.D. Ohio · 2006
11 more not listed; retrieve them via the Exa API.