Free Memorandum and Order - District Court of Delaware - Delaware

Case 1:07-cv—00O34-SLR Document 34 Filed 09/26/2007 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: ) Chapter 13
DAVID J. BUCHANAN, g Bk. Case No. 04-12419 (JKF)
Debtor. g
)
I
DAVID J. BUCHANAN, )
Appellant, g
v. g Civ. No. 07-034-SLR
BARBARA BUCHANAN, g
Appellee. g
MEMORANDUM ORDER
At Wilmington this 26th day of September, 2007, having reviewed the appeal
taken by pro se Iitigant David J. Buchanan from an order dismissing his case under
Chapter 13 of the Bankruptcy Code;
IT IS ORDERED that said appeal is dismissed and the order of the bankruptcy
court dated December 1, 2006 is affirmed, for the reasons that follow:
1. This court has jurisdiction to hear an appeal from the bankruptcy court
pursuant to 28 U.S.C. § 158(a). In undertaking a review of the issues on appeal, the
court applies a clearly erroneous standard to the bankruptcy court’s findings of fact and
a plenary standard to that court’s legal conclusions. g Am. Flint Glass Workers
Union v. Anchor Resolution Corp., 197 F.3d 76, 80 (3d Cir. 1999). With mixed

Case 1:07-cv—00034-SLB Document 34 Filed 09/26/2007 Page 2 of 3
questions of law and fact, the court must accept the bankruptcy court’s "finding of
historical or narrative facts unless clearly erroneous, but exercise[s] ‘pIenary review of
the [bankruptcy] court’s choice and interpretation of legal precepts and its application of
those precepts to the historical facts."' Mellon Bank, N.A. v. Metro Communications,
@, 945 F.2d 635, 642 (3d Cir. 1991) (citing Universal Minerals, Inc. v. C.A. Hughes &
@, 669 F.2d 98, 101-02 (3d Cir. 1981)). The district court’s appellate responsibilities
are further informed by the directive of the United States Court of Appeals for the Third
Circuit, which effectively reviews on a @ @ basis bankruptcy court opinions.
In re Hechinger, 298 F.3d 219, 224 (3d Cir. 2002); In re Telegroup, 281 F.3d 133, 136
(3d Cir. 2002).
2. Appellant filed a petition for relief under Chapter 13 of the Bankruptcy Code in
August 2004.* The case was in active litigation for over two years before the order of
dismissal issued. (D.l. 17 at B-1 to B-22) The primary focus of dispute in the
bankruptcy court related to an ongoing battle between appellant and appellee overthe
distribution of certain of their marital propertyz in the Family Court of the State of
Delaware. Although appellant filed a Chapter 13 Plan in September 2004, the Plan was
determined to be not confirmable. Amended Chapter 13 Plans were filed in August
2005 and, again, in July 2006. The bankruptcy court ultimately determined that the real
property in dispute should be sold consistent with a Family Court decision and order,
lChapter 13 allows individuals the protection of a stay against creditors and the
opportunity to obtain a discharge in bankruptcy through the operation of a plan, rather
than through liquidation. g 11 U.S.C. §§ 1301 gg};
2SpecificaIIy, a farm near Laurel, Delaware.
2

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that "[c]omplete and full relief from stay is granted to the parties so that the Family
Court may take any and all action it deems appropriate to resolve the equitable
distribution action between David J. Buchanan and Barbara H. Buchanan and to permit
execution and distribution on any orders orjudgments entered therein," and dismissing
appeIIant’s Chapter 13 case with prejudice. (D.I. 17 at B-26 to B-48, B-86 to B-87)
3. It is apparent from the record that the bankruptcy court appropriately allowed
the Family Court to address the issues that the parties to this appeal had with respect
to distribution of marital property. It is equally clear that the bankruptcy court provided
appellant with every opportunity to benefit from the protection afforded under Chapter
13. Finally, it is apparent that appeIIant's appeal is more about the results ofthe Family
Court proceedings than it is about his Chapter 13 case. (gg D.I. 15 at 1-4) For all of
these reasons, the court finds no error in the decision ofthe bankruptcy court at issue.
rgg 7
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