Bowman v. Not Applicable, No. 1:2013cv01140 - Document 8 (E.D. Va. 2013)

Court Description: MEMORANDUM OPINION and ORDER.ORDERED that the judgment of the Bankruptcy Court is AFFIRMED with respect to (i) the June 25, 2013 Order denying the Motion for Reconsideration and Amended Motion to Defer Reopening Fee and (ii) the July 23, 2013 Order denying the reopening of the case for failure to pay the reopening fee. Signed by District Judge Gerald Bruce Lee on 11/26/2013. (rban, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION IN RE GARY BOWMAN, Appellant. ) ) ) ) ) ) ) ) Case No. 1:13-cv-01140-GBL MEMORANDUM OPINION AND ORDER THIS MATTER is before the Court on Appellant Gary Bowman's appeal of (i) an order of the Bankruptcy Court for the Eastern District of Virginia ("Bankruptcy Court") denying Mr. Bowman's Motion for Reconsideration [of the Order Denying Motion to Defer Payment of Fee] and Amended Motion to Defer Reopening Fee, and Mr. Bowman's appeal of (ii) the Court's Order denying the reopening of the bankruptcy case in which Mr. Bowman was sanctioned, for failure to pay the reopening fee. There are three issues before the Court. The first issue is whether the Bankruptcy Court abused its discretion by requiring Mr. Bowman to pay the wrong amount in filing fees and refusing to reopen his case based on the non-payment of the wrong amount of fees. The second issue is whether the Bankruptcy Court abused its discretion by not extending the time to pay the correct fee after it denied Mr. Bowman's motion for reconsideration of payment or deferral of the filing fee. The third issue is whether the Bankruptcy Court abused its discretion by not waiving the filing fee even though Mr. Bowman claimed that appropriate circumstances justified waiver of fee.

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