Lynd v. Ries, No. 13-6011 (8th Cir. 2013)
Annotate this CaseClaimant, pro se, appealed from the order of the bankruptcy court denying his motion for reconsideration of a claim. The gist of claimant's appeal was that he wanted the bankruptcy court to enter an order simply requiring that his "restitution" claim be paid from some source. To the extent that claimant was requesting that the bankruptcy court deviate from the Bankruptcy Code and order that his claim be paid from some source not authorized by the Code, the bankruptcy court was without the authority to grant the relief he requested. Because the bankruptcy court could not grant claimant the relief he requested, the Bankruptcy Appellate Panel affirmed the bankruptcy court's order denying his motion for reconsideration.
Court Description: Bankruptcy Appellate Panel. To the extent Lynd requested the bankruptcy court to deviate from the Code and order that his restitution claim be paid from some source not authorized by the Code, the bankruptcy court was without authority to grant such relief, and the court did not err in denying his request. [ May 02, 2013
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