Moreno v. Ashworth

MEMORANDUM OPINION AND ORDER

SANDERS, District Judge.

Before the Court is Appellant’s Brief, filed November 28, 1988 and Appellee’s Response, filed December 30, 1988. The standard of review to be applied by this Court in a bankruptcy appeal is set forth in 11 U.S.C. Rule 8013. That Rule provides that a bankruptcy court’s findings of fact may not be set aside unless clearly erroneous. Thus, although this Court may readily overrule a bankruptcy court’s interpretation of law, it must defer with respect to findings of fact that are not clearly erroneous. Matter of Leonard, 849 F.2d 974, 976 (5th…