U.S. Court of Appeals for the Eighth Circuit, 2007

Rosemarie Ziemski v. Valerian Ziemski

Rosemarie Ziemski v. Valerian Ziemski
U.S. Court of Appeals for the Eighth Circuit · Decided April 6, 2007 · Colloton, Hansen, Benton
220 F. App'x 443

Rosemarie Ziemski v. Valerian Ziemski

Opinion

[UNPUBLISHED]

PER CURIAM.

Chapter 13 debtor Rosemarie Ziemski appeals from the decision of the Bankruptcy Appellate Panel (BAP) reversing the bankruptcy court’s judgment holding that her ex-husband, Valerian Ziemski, willfully violated the automatic stay of 11 U.S.C. § 362 by withholding military retirement benefits from Rosemarie’s bankruptcy estate. Upon review of the bankruptcy court’s factual findings for clear error, and review of its legal conclusions de novo, see In re Vote, 276 F.3d 1024, 1026 (8th Cir. 2002), we agree with the BAP’s analysis and accordingly affirm the decision of the BAP. Valerian Ziemski’s motion to dismiss the appeal is denied as moot. See 8th Cir. R. 47B.

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