Hampton v. Mahious

[NOT FOR PUBLICATION–NOT TO BE CITED AS PRECEDENT]
United States Court of Appeals
For the First Circuit
No. 01-9009
IN RE: MARIAN E. HAMPTON,
Debtor,
_____________________
MARIAN E. HAMPTON,
Appellant,
v.
AHMED MAHIOUS,
Appellee.
APPEAL FROM THE BANKRUPTCY APPELLATE PANEL
OF THE FIRST CIRCUIT
Before
Lynch, Circuit Judge,
Campbell and Stahl, Senior Circuit Judges.
Marian E. Hampton on brief pro se.
William G. Small and Berger & Small on brief for appellee.
February 27, 2002
Per Curiam. Marian E. Hampton has appealed a decision
of the Bankruptcy Appellate Panel (BAP) that affirmed a decision of
the bankruptcy court declaring Hampton's debt to her ex-husband
nondischargeable pursuant to 11 U.S.C. § 523(a)(6). In an appeal
from a BAP ruling, "we focus on the bankruptcy court's decision,
scrutinize that court's findings of fact for clear error, and
afford de novo review to its conclusions of law", giving "no
particular deference" to the conclusions of the BAP tribunal. In
re Healthco Intern., Inc., 132 F.3d 104, 107 (1st Cir. 1997).
We have carefully reviewed the parties' briefs and the
record before us. The Bankruptcy Code excepts from discharge any
debt "for willful and malicious injury by the debtor to another
entity or to the property of another entity." 11 U.S.C. §
523(a)(6). Hampton disputes the bankruptcy court's factual
conclusions that the injury she caused was willful and malicious.
But, the bankruptcy court is "entitled to make reasonable
credibility determinations," In re Strangie, 192 F.3d 192, 197 (1st
Cir. 1999) and the bankruptcy court's conclusions were not clearly
erroneous. We, therefore, affirm the bankruptcy court's judgment,
dated June 14, 2000, essentially for the reasons stated in the
court's Memorandum of Decision of that same date.
The appellee not having submitted a separately filed
motion pursuant to Fed. R. App. P. 38, his request recited in the
final paragraph in his brief for costs and damages for a frivolous
appeal is denied. See In re I Don't Trust, 143 F.3d 1, 4 (1st Cir.
1998).
Affirmed.
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