United States Bankruptcy Appellate Panel of the Sixth Circuit
In re: Renegar Golf, LLC, aka R Golf, LLC, Debtor.
from the United States Bankruptcy Court for the Middle
District of Tennessee at Nashville. No. 3:16-bk-03262-Randal
S. Mashburn, Judge.
T. Campbell, THOMPSON BURTON PLLC, Franklin, Tennessee, for
M. Renegar, Murfreesboro, Tennessee, pro se.
Before: BUCHANAN, PRICE SMITH, and WISE, Bankruptcy Appellate
JESSICA E. PRICE SMITH, BANKRUPTCY APPELLATE PANEL JUDGE.
issue on appeal is whether the bankruptcy court erred by
declining to use its equitable powers under 11 U.S.C. §
105 to fashion a remedy for a creditor. After reviewing the
record, the parties' briefs, and applicable law, the
Panel concludes that the bankruptcy court did not err.
Accordingly, we affirm.
appellant presents the following issue: "Did the Court
err when it constrained itself to the black letter of the law
and failed to exercise its judicial discretion as a court of
equity under 11 U.S.C. § 105(a), thereby applying
principles of equity to correct the obvious injustice in this
matter?" (Statement of Issues, In re Renegar Golf,
LLC, Case No. 16-03262 ECF No. 95 (Bankr. M.D.
AND STANDARD OF REVIEW
Bankruptcy Appellate Panel has jurisdiction to decide this
appeal, as authorized by the United States District Court for
the Middle District of Tennessee. 28 U.S.C. §§
158(b)(6), (c)(1). A final order of the bankruptcy court may
be appealed as of right. 28 U.S.C. § 158(a)(1). For an
appeal, a final order is one that "ends the litigation
on the merits and leaves nothing for the court to do but
execute the judgment." Midland Asphalt Corp. v.
U.S., 489 U.S. 794, 798, 109 S.Ct. 1494, 1497 (1989)
(internal quotation & citation omitted). The order
overruling the objection to the trustee's final report
and authorizing the trustee to distribute the estate assets
effectively ended this case on the merits. There is nothing
further for the court to do. The case only remains open due
to the appeal.
bankruptcy court's use of its equitable powers under 11
U.S.C. § 105 is reviewed for an abuse of discretion.
See Nicholson v. Isaacman (In re Isaacman),
26 F.3d 629, 633 (6th Cir. 1994); In re New Ctr.
Hosp., 187 B.R. 560, 572 (E.D. Mich. 1995)
("Equitable discretionary powers of the Bankruptcy Court
are reviewed using an 'abuse of discretion'
"An abuse of discretion occurs where the reviewing court
has 'a definite and firm conviction that the [bankruptcy
court] committed a clear error of judgment.'"
B-Line, LLC v. Wingerter (In re Wingerter),
594 F.3d 931, 936 (6th Cir. 2010) (citation omitted). Under
the abuse of discretion standard, the bankruptcy court's
decision will only be disturbed if it "relied upon
clearly erroneous findings of fact, improperly applied the
governing law, or used an erroneous legal standard."
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