Lynd v. Ries (In Re Genmar Holdings, Inc.) , 549 F. App'x 591 ( 2013 )

United States Court of Appeals
For the Eighth Circuit
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No. 13-2127
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In re: Genmar Holdings, Inc.
lllllllllllllllllllllDebtor
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David Scot Lynd
lllllllllllllllllllllAppellant
v.
Charles W. Ries
lllllllllllllllllllllAppellee
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Appeal from the United States Bankruptcy
Appellate Panel for the Eighth Circuit
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Submitted: December 26, 2013
Filed: December 30, 2013
[Unpublished]
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Before WOLLMAN, BYE, and KELLY, Circuit Judges.
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PER CURIAM.
David Lynd appeals the decision of the Bankruptcy Appellate Panel (BAP)
affirming the bankruptcy court’s1 order denying Lynd’s motion for reconsideration of
his “restitution claim” against Wood Manufacturing Company, Inc. Having carefully
reviewed the record and the parties’ arguments on appeal, we agree with the BAP’s
decision and find no basis to set aside the bankruptcy court’s order. See In re Ungar,
633 F.3d 675, 678-79 (8th Cir. 2011) (this court applies same standards as BAP,
reviewing bankruptcy court’s factual findings for clear error, and its legal
determinations de novo). Accordingly, we affirm. See 8th Cir. R. 47B.
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1
The Honorable Dennis D. O’Brien, United States Bankruptcy Judge for the
District of Minnesota, now retired.
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