Bryan Behrens v. United States, No. 14-1575 (8th Cir. 2014)
Annotate this CaseCourt Description: Civil case - Bankruptcy. Behrens improperly sought to use an adversary bankruptcy proceeding to collaterally attack the final judgment in his criminal case, and the BAP did not err in affirming the bankruptcy court's dismissal of his complaint challenging his restitution order.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-1575 ___________________________ In re: Bryan S. Behrens lllllllllllllllllllllDebtor -----------------------------Bryan S. Behrens lllllllllllllllllllllAppellant v. United States of America lllllllllllllllllllllAppellee ____________ The United States Bankruptcy Appellate Panel for the Eighth Circuit ____________ Submitted: September 30, 2014 Filed: October 3, 2014 [Unpublished] ____________ Before LOKEN, MELLOY, and GRUENDER, Circuit Judges. ____________ PER CURIAM. Bryan Behrens appeals the decision of the Bankruptcy Appellate Panel, affirming the bankruptcy court s1 order dismissing his complaint challenging the restitution order imposed as part of his criminal sentence. Upon careful review, see In re King, 744 F.3d 565, 569 (8th Cir. 2014) (standard of review), we conclude that Behrens improperly sought to use an adversary bankruptcy proceeding to collaterally attack a final criminal judgment. Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Thomas L. Saladino, Chief Judge, United States Bankruptcy Court for the District of Nebraska. -2-
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