Opinion
No. 06-2041.
Submitted: March 8, 2007.
Filed: April 6, 2007.
Appeal from the United States Bankruptcy Appellate Panel for the Eighth Circuit.
Stephen Bruce Bennett, Sherwood, AR, for Appellant.
Valerian Joseph Ziemski, Little Rock, AR, pro se.
Before COLLOTON, HANSEN, and BENTON, Circuit Judges.
[UNPUBLISHED]
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.
The Honorable J. Leon Holmes, Chief Judge, United States District Court for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable H. David Young, United States Magistrate Judge for the Eastern District of Arkansas.