David S. Lynd v. Charles W. Ries, No. 13-2127 (8th Cir. 2013)
Annotate this CaseCourt Description: Civil case - Bankruptcy. Bankruptcy Appellate Panel decision affirmed without comment (See BAP Case No. 13-6011).
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-2127 ___________________________ In re: Genmar Holdings, Inc. lllllllllllllllllllllDebtor -----------------------------David Scot Lynd lllllllllllllllllllllAppellant v. Charles W. Ries lllllllllllllllllllllAppellee ____________ Appeal from the United States Bankruptcy Appellate Panel for the Eighth Circuit ____________ Submitted: December 26, 2013 Filed: December 30, 2013 [Unpublished] ____________ Before WOLLMAN, BYE, and KELLY, Circuit Judges. ____________ PER CURIAM. David Lynd appeals the decision of the Bankruptcy Appellate Panel (BAP) affirming the bankruptcy court s1 order denying Lynd s motion for reconsideration of his restitution claim against Wood Manufacturing Company, Inc. Having carefully reviewed the record and the parties arguments on appeal, we agree with the BAP s decision and find no basis to set aside the bankruptcy court s order. See In re Ungar, 633 F.3d 675, 678-79 (8th Cir. 2011) (this court applies same standards as BAP, reviewing bankruptcy court s factual findings for clear error, and its legal determinations de novo). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Dennis D. O Brien, United States Bankruptcy Judge for the District of Minnesota, now retired. -2-
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