Higginbotham v. Corner Stone Bank

LAY, Chief Judge.

Larry Higginbotham, the debtor in a Chapter 7 bankruptcy case, objects to a successor judge deciding his case based on the unfiled findings of fact and conclusions of law of the presiding judge, who died after trial but before issuing a final order. The district court1 affirmed the successor judge’s decision and refused to order a new trial. 112 B.R. 315. We affirm; we hold that Higginbotham waived his right to a new trial.

Higginbotham filed for relief under Chapter 11 of the Bankruptcy Code in May, 1985. The case was converted to a Chapter 7 proceeding in June, 1988, and The…