In re: Cobrans Corp ( 2001 )

UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 00-20219
Summary Calendar
In The Matter Of: COBRANS CORPORATION
Debtor
_______________________________________________
COBRANS CORPORATION,
Appellee,
VERSUS
CAPT. KIRK’S MARINE SERVICE INC.,
Appellant.
Appeal from the United States District Court
For the Southern District of Texas, Houston Division
(H-99-CV-2806)
January 8, 2001
Before JOLLY, SMITH, and DENNIS, Circuit Judges.
PER CURIAM:*
Appellant Capt. Kirk’s Marine Service, Incorporated (“Capt.
Kirk’s”), appeals the district court’s order affirming a bankruptcy
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in 5TH CIR. R. 47.5.4.
No. 00-20219
--2--
court’s judgment in favor of Appellee Cobrans Corporation
(“Cobrans”). We affirm.
“We review the findings of the bankruptcy court just as we
would findings from a trial in the district court,” and “we will
not overturn findings of fact unless they are clearly erroneous.”
In re Killough, 900 F.2d 61, 63 (5th Cir. 1990) (internal citations
omitted). “A finding of fact is clearly erroneous when, although
there is enough evidence to support it, the reviewing court is left
with a firm and definite conviction that a mistake has been
committed.” In re Christopher, 28 F.3d 512, 514 (5th Cir.
1994)(citing United States v. United States Gypsum Co., 33 U.S. 364
(1948)). “Moreover, we must give due regard to the opportunity of
the bankruptcy court to judge the credibility of witnesses.” In re
Coston, 991 F.2d 257, 262 (5th Cir. 1993); see also Federal Rule of
Bankruptcy Procedure 8013.
Although we find that the bankruptcy court abused its
discretion in admitting certain invoices that were inadmissible
hearsay and not qualified under the business records exception, see
Federal Rules of Evidence 801, 803(6), we nevertheless do not find
that the bankruptcy court’s findings of fact are clearly erroneous.
“If the lower court’s account of the evidence is plausible in light
of the record viewed in its entirety, the court of appeals may not
reverse it even though convinced that, had it been sitting as the
trier of fact, it would have weighed the evidence differently.” In
No. 00-20219
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re Christopher, 28 F.3d at 514-15 (citing Anderson v. City of
Bessemer City, 470 U.S. 564, 573-74 (1985)). The evidence,
including the letter from Capt. Kirk’s dated September 15, 1997,
and the business records from 1994-1996, is sufficient to support
the judgment of the bankruptcy court. See Southern Pacific Trans.
Co. v. Chabert, 973 F.2d 441, 448 (5th Cir. 1992).
Accordingly, we AFFIRM the judgment of the district court.
AFFIRMED.