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McDuffie v. Countrywide Home, 07-60932 (2008)

Court: Court of Appeals for the Fifth Circuit Number: 07-60932 Visitors: 8
Filed: Apr. 02, 2008
Latest Update: Feb. 21, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED _ April 2, 2008 No. 07-60932 Summary Calendar Charles R. Fulbruge III _ Clerk IN THE MATTER OF: MICHAEL E. McDUFFIE, Debtor MICHAEL E. McDUFFIE, Appellant v. COUNTRYWIDE HOME LOANS, INC., Appellee Appeal from the United States District Court for the Southern District of Mississippi (1:07-CV-1024) Before WIENER, GARZA, and BENAVIDES, Circuit Judges. PER CURIAM: * Debtor-Appellant Michael
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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED _____________________ April 2, 2008 No. 07-60932 Summary Calendar Charles R. Fulbruge III _____________________ Clerk IN THE MATTER OF: MICHAEL E. McDUFFIE, Debtor MICHAEL E. McDUFFIE, Appellant v. COUNTRYWIDE HOME LOANS, INC., Appellee Appeal from the United States District Court for the Southern District of Mississippi (1:07-CV-1024) Before WIENER, GARZA, and BENAVIDES, Circuit Judges. PER CURIAM: * Debtor-Appellant Michael E. McDuffie appeals the judgment of the district court dismissing his appeal from the bankruptcy court. We review the district court’s dismissal of McDuffie’s appeal in this case for abuse of discretion, that dismissal being grounded in several acts of delay and perceived lack of good faith on the part of the Debtor-Appellant. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. As both parties to this appeal have suggested that oral argument is not warranted, we decide it on the basis of arguments presented in their briefs and the contents of the record on appeal. Having now carefully reviewed the law as presented by the parties and set forth in the rulings of the bankruptcy court and the district court, as applied to the facts reflected in the record on appeal, we are convinced that the district court did not abuse its discretion in dismissing McDuffie’s appeal. Largely on the basis of the reasons stated by the district court, we affirm its dismissal of the subject appeal. AFFIRMED. 2
Source:  CourtListener

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