Unpublished Dispositionin Re Imogene Barnes, Debtor.imogene Barnes, Plaintiff-appellant, v. First National Bank, Dayton Ohio, George W. Ledford,trustee, Defendants-appellees, 940 F.2d 658 (6th Cir. 1991)

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US Court of Appeals for the Sixth Circuit - 940 F.2d 658 (6th Cir. 1991) July 29, 1991

Before BOGGS, Circuit Judge, LIVELY, Senior Circuit Judge, and CLELAND, District Judge.* 


Imogene Barnes, a pro se Ohio plaintiff, appeals the district court's order affirming the bankruptcy court's dismissal of her Chapter 13 petition. This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a).

Barnes filed a Chapter 13 petition in bankruptcy court. Following Barnes's failure to comply with its order, the bankruptcy court determined that Barnes was proceeding in bad faith and dismissed her petition. Barnes appealed to the district court, which affirmed the bankruptcy court's decision. Barnes then filed this timely appeal.

Upon review, we determine that the bankruptcy court's decision that Barnes was proceeding in bad faith is not clearly erroneous. In re Ellingsen MacLean Oil Co., 834 F.2d 599, 605 (6th Cir. 1987), cert. denied, 488 U.S. 817 (1988); Carolin Corp. v. Miller, 886 F.2d 693, 702 (4th Cir. 1989). Further, we determine that Barnes's due process rights were not violated. See In re Wade, 115 B.R. 222, 229-30 (9th Cir.BAP 1990).

Accordingly, we affirm the judgment for the reasons set forth in the district court's order filed on January 31, 1991. Rule 9(b) (3), Rules of the Sixth Circuit.


The Honorable Robert H. Cleland, U.S. District Judge for the Eastern District of Michigan, sitting by designation