Situm v. Coppess (In re Coppess)

Case Type:
Consumer
Case Status:
Affirmed
Citation:
17-6010 (8th Circuit, Apr 27,2017) Not Published
Tag(s):
Ruling:
Where the bankruptcy court made no written findings of fact and conclusions of law to support confirmation of the plan and the appellant provided no transcript or audio recording of the bankruptcy court's findings and conclusions as announced on the record, the BAP had no basis upon which to conclude the bankruptcy court erred. Affirmed.
Procedural context:
The bankruptcy court confirmed the debtor's chapter 13 plan of reorganization over a creditor's objection. The creditor appealed.
Facts:
The bankruptcy court confirmed the chapter 13 debtor's plan for "the reasons stated on the record at the conclusion of the evidentiary hearing." On appeal, the creditor-appellant provided no transcript of the hearing setting forth the bankruptcy court's findings and conclusions, and the audio recording of the hearing was missing that portion of the evidentiary hearing in which the bankruptcy court rendered its ruling and made the accompanying findings of fact and conclusions of law. Accordingly, there was no basis upon which the BAP could say the bankruptcy court had erred.
Judge(s):
Schermer, Federman, and Shodeen

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