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Hickmont v. Frank

April 1, 2010

BETTY L. HICKMONT, APPELLANT/DEBTOR,
v.
RANDALL L. FRANK, APPELLEE/CHAPTER 7 TRUSTEE.



The opinion of the court was delivered by: Honorable Thomas L. Ludington

ORDER DIRECTING PARTIES TO SUBMIT STIPULATION AS TO BANKRUPTCY COURT'S FINDINGS OF FACT OR PROVIDE THE COURT WITH HEARING TRANSCRIPT

On February 20, 2009, Debtor Betty L. Hickmont filed a petition for Chapter 7 bankruptcy. During the chapter proceedings, Debtor claimed a homestead exemption under 11 U.S.C. § 522(d)(1) for real property located at 10119 Woodland Road, St. Helen, Michigan, to which Trustee Randall L. Frank objected. The bankruptcy court determined that Debtor was not entitled to claim the homestead exemption because she did not reside at the real property. Now before the Court is Debtor's appeal from that order [Dkt. # 1], filed November 11, 2009.

While the parties' papers note that this Court reviews the bankruptcy court's legal conclusions de novo and findings of fact for clear error, In re Holland, 151 F.3d 547, 547 (6th Cir. 1998); Fed. R. Bankr. P. 8013, the parties have not provided the Court with the evidentiary hearing transcript. See Fed. R. Bankr. P. 8006. Likewise, the parties have not expressly stated that none of the bankruptcy court's factual findings are being challenged. Thus the parties will be directed to clarify this issue.

Accordingly, it is ORDERED that the parties are DIRECTED to either submit a stipulation as to the bankruptcy court's findings of fact or provide the Court with the hearing transcript on or before APRIL 16, 2010.

THOMAS L. LUDINGTON United States District Judge

20100401

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