Opinion
96-CV-6512L.
December 18, 1997.
DECISION AND ORDER
James I. Wynn, Sr. ("Wynn") appeals from an order of United States Bankruptcy Judge John C. Ninfo, II dated October 11, 1996 awarding, inter alia, Source One Mortgage Services Corp. ("Source One") $7,329.31 in post-petition mortgage arrearage. By order dated November 7, 1996, Judge Ninfo denied Wynn's application for a stay pending resolution of this appeal.
The October 11, 1996 Decision and Order of Judge Ninfo is affirmed in all respects. The standard of review concerning factual findings made by a bankruptcy judge is whether the decision was "clearly erroneous." Fed.R.Bank.P. 8013. In this case, Judge Ninfo's findings are amply supported by the record. Judge Ninfo carefully considered all of Wynn's arguments and took special care to determine the exact amount of the monthly payment due from Wynn pursuant to his Chapter 13 Plan. Evidence was presented in the case concerning the conditional order and Judge Ninfo's October 11, 1996 Order on four separate days over several months. Wynn was given every opportunity to provide proof that the contested payments had been made and that he was not in arrears. Judge Ninfo had more than sufficient reason to rule as he did and to reject Wynn's claims and his assertions that all of his "records" had been lost in a flood. On the facts of this case, there is no basis whatsoever to modify or alter Judge Ninfo's decision and, therefore, the order appealed from is affirmed.
CONCLUSION
The Decision and Order of Bankruptcy Judge John C. Ninfo, II, dated October 11, 1996 awarding, inter alia, Source One Mortgage Services Corp. a judgment for $7,329.31 is affirmed in all respects.
IT IS SO ORDERED.