Opinion
No. 98-CV-6069.
July 7, 1998
DECISION AND ORDER
Before the Court is an appeal from a Decision and Order of the United States Bankruptcy Court, the Honorable John C. Ninfo, II, entered February 4, 1998, which denied the appellant's motion for an order finding appellees in contempt for violating the permanent injunction of 11 U.S.C. § 524. For the reasons that follow, that Decision and Order is affirmed.
BACKGROUND
The facts of this case are set out in the bankruptcy court's opinion, familiarity with which is assumed. See, In re Louis Paul Massa, 217 B.R. 412 (Bankr.W.D.N.Y. 1998).
ANALYSIS
The Court has jurisdiction to hear this appeal pursuant to 28 U.S.C. § 158(a). The Court must accept the bankruptcy judge's findings of fact unless they are "clearly erroneous." Bankruptcy Rule 8013. The bankruptcy judge's conclusions of law are reviewed de novo. In re Lehal Realty Assocs., 101 F.3d 272, 276 (2d Cir. 1996). Upon a careful review of the record, the Court finds that none of Judge Ninfo's factual assertions are clearly erroneous. Moreover, after conducting a de novo review of the legal conclusions, and upon consideration of the briefs and oral arguments of counsel, the Court concurs with Judge Ninfo's conclusions of law. Accordingly, the Court affirms the Order for the reasons stated in Judge Ninfo's well-reasoned decision. See also, Zachery v. Whalen, 1994 WL 411526 at *5-6 (N.D.N.Y. July 26, 1994) and In re Stewart, 208 B.R. 921 (Bankr. E.D. Ark. 1997).
CONCLUSION
Accordingly, the Decision and Order of the Bankruptcy Court entered February 4, 1998, is affirmed.
So ordered.