Joyner v. Johnson (In Re Johnson)

MEMORANDUM OPINION

JORDAN, District Judge.

This is a bankruptcy appeal brought to this court by Tennessee State Bank under 28 U.S.C. § 158(a). This court has jurisdiction of this adversary proceeding under 28 U.S.C. §§ 158(a) and 1334(a).

This court, sitting as an appellate court, considers de novo issues of law, but the bankruptcy court’s “[f]indings of fact, whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the bankruptcy court to judge the credibility of the witnesses.” Bankr.R. 8013. The court…