Hampton v. Mahious, (1st Cir. 2002)

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[NOT FOR PUBLICATION-NOT TO BE CITED AS PRECEDENT]

United States Court of Appeals

For the First Circuit

No. 01-9009

IN RE: MARIAN E. HAMPTON,

Debtor,

MARIAN E. HAMPTON,

Appellant,

v.

AHMED MAHIOUS,

Appellee.

APPEAL FROM THE BANKRUPTCY APPELLATE PANEL

OF THE FIRST CIRCUIT

Before

Lynch, Circuit Judge,

Campbell and Stahl, Senior Circuit Judges.

Marian E. Hampton on brief pro se.

William G. Small and Berger & Small on brief for appellee.

February 27, 2002

Per Curiam. Marian E. Hampton has appealed a

decision of the Bankruptcy Appellate Panel (BAP) that affirmed

a decision of the bankruptcy court declaring Hampton's debt to

her ex-husband nondischargeable pursuant to 11 U.S.C. §

523(a)(6). In an appeal from a BAP ruling, "we focus on the

bankruptcy court's decision, scrutinize that court's findings

of fact for clear error, and afford de novo review to its

conclusions of law", giving "no particular deference" to the

conclusions of the BAP tribunal. In re Healthco Intern., Inc.,

132 F.3d 104, 107 (1st Cir. 1997).

We have carefully reviewed the parties' briefs and

the record before us. The Bankruptcy Code excepts from

discharge any debt "for willful and malicious injury by the

debtor to another entity or to the property of another entity."

11 U.S.C. 523(a)(6). Hampton disputes the bankruptcy court's

factual conclusions that the injury she caused was willful and

malicious. But, the bankruptcy court is "entitled to make

reasonable credibility determinations," In re Strangie, 192

F.3d 192, 197 (1st Cir. 1999) and the bankruptcy court's

conclusions were not clearly erroneous. We, therefore, affirm

the bankruptcy court's judgment, dated June 14, 2000,

essentially for the reasons stated in the court's Memorandum of

Decision of that same date.

The appellee not having submitted a separately filed

motion pursuant to Fed. R. App. P. 38, his request recited in

the final paragraph in his brief for costs and damages for a

frivolous appeal is denied. See In re I Don't Trust, 143 F.3d

1, 4 (1st Cir. 1998).

Affirmed.

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