United States Bankruptcy Appellate Panel of the Sixth Circuit
In re: Austin Chidi Felix; Dorothy Ify Felix, Debtors.
from the United States Bankruptcy Court for the Southern
District of Ohio at Columbus. No. 15-50016-Charles M.
Ashbrook Willis, LAW OFFICE OF NANCY ASHBROOK WILLIS, Mount
Vernon, Ohio, for Trustee.
Chidi Felix, Dorothy Ify Felix, Reynoldsburg, Ohio, pro se.
Before: DELK, HARRISON, and WISE, Bankruptcy Appellate Panel
F. HARRISON, BANKRUPTCY APPELLATE PANEL JUDGE.
appeal concerns the bankruptcy court's order denying
Austin and Dorothy Felix's (collectively "debtors,
" individually Mr./Mrs. Felix) homestead exemption based
on its finding that the debtors were not domiciled in Ohio
for the 730 days required by 11 U.S.C. § 522(b)(3)(A)
before they filed their bankruptcy petition. Because the
bankruptcy court's interpretation of the facts was not
clearly erroneous, its ruling is affirmed.
Whether this appeal should be dismissed because the
debtors' brief was filed one day late and does not
comport with the formatting requirements.
Whether the bankruptcy court erred in refusing to admit
certain evidence offered by the debtors.
Whether the bankruptcy court erred in determining that the
debtors were not entitled to claim the Ohio Homestead
Exemption in their property located in Ohio because they were
not domiciled in Ohio for the 730 days prior to filing their
Bankruptcy Appellate Panel of the Sixth Circuit has
jurisdiction to decide this appeal. The United States
District Court for the Southern District of Ohio has
authorized appeals to the Panel, and none of the parties have
timely elected to have this appeal heard by the district
court. 28 U.S.C. § 158(b)(6), (c)(1). A final order of
the bankruptcy court may be appealed as of right pursuant to
28 U.S.C. § 158(a)(1). For purposes of appeal, an order
is final if it "'ends the litigation on the merits
and leaves nothing for the court to do but execute the
judgment.'" Midland Asphalt Corp. v. United
States, 489 U.S. 794, 798, 109 S.Ct. 1494, 1497 (1989)
(citation omitted). A bankruptcy court's order denying a
claim of exemption is a final, appealable order.
Menninger v. Schramm (In re Schramm), 431
B.R. 397, 399 (B.A.P. 6th Cir. 2010) (citation omitted).
of law are reviewed de novo. Mediofactoring v.
McDermott (In re Connolly N. Am., LLC), 802
F.3d 810, 814 (6th Cir. 2015) (citations omitted); Isaacs
v. DBI-ASG Coinvester Fund III, LLC (In re
Isaacs), 569 B.R. 135, 139 (B.A.P. 6th Cir. 2017)
(citation omitted). "Under a de novo standard
of review, the reviewing court decides an issue independently
of, and without deference to, the trial court's
determination." Menni ...