932 F. 2d 968 - Galyon Gr Galyon Gr v. First Tennessee Bank National Association

932 F2d 968 Galyon Gr Galyon Gr v. First Tennessee Bank National Association

932 F.2d 968

In re Gilbert Ray GALYON, also known as G.R. Galyon, Gib
Galyon, Debtor.
Gilbert Ray GALYON, also known as G.R. Galyon, Gib Galyon,
Plaintiff-Appellant,
v.
FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Defendant-Appellee.

No. 90-6591.

United States Court of Appeals, Sixth Circuit.

May 10, 1991.

Unpublished Disposition
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.

1

Before KENNEDY and NATHANIEL R. JONES, Circuit Judges, and SPIEGEL, District Judge.*

ORDER

2

This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the briefs and the record, this panel unanimously agrees that oral argument is not needed. Fed.R.App.P. 34(a).

3

Gilbert Ray Galyon, a pro se Tennessee resident, appeals the judgment of the district court affirming the order of the bankruptcy court which lifted the automatic stay in this Chapter 13 bankruptcy case. Galyon filed his bankruptcy petition pro se in the district court under Chapter 7 on March 23, 1990. Defendant First Tennessee Bank N.A. (FTB) filed a motion to dismiss the petition the same day and filed a motion for relief from the automatic stay on March 27, 1990. Thereafter, Galyon retained counsel and filed a motion to convert the proceeding to Chapter 13 on April 4, 1990. The motion to convert the case to Chapter 13 was granted by the bankruptcy court.

4

Following a hearing, the bankruptcy court granted FTB's motion for relief from the automatic stay, but denied FTB's motion to dismiss the bankruptcy petition. Galyon appealed the order pro se, and the district court affirmed the bankruptcy court's order.

5

Upon consideration, we affirm the bankruptcy court's order for the reasons stated by the district court in its memorandum and order filed November 15, 1990, which affirmed the bankruptcy court's order. Rule 9(b)(5), Rules of the Sixth Circuit. The bankruptcy court's findings of fact are not clearly erroneous nor its conclusions of law incorrect. See In re Caldwell, 851 F.2d 852, 857-60 (6th Cir.1988).

*

The Honorable S. Arthur Spiegel, U.S. District Judge for the Southern District of Ohio, sitting by designation