In re: David Frank McMellon et al
| Robert L. Johns and United States Trustee |
| David Frank McMellon and Emily Catherine McMellon |
| Steel of West Virginia, Inc. and SWVA, Inc. |
| David Frank McMellon and Emily Catherine McMellon |
| 3:2011cv00047 |
| January 21, 2011 |
| US District Court for the Southern District of West Virginia |
| Huntington Office |
| Cabell |
| Robert C. Chambers |
| Appeal |
| 28 U.S.C. ยง 0158 |
| None |
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Filing
6
MEMORANDUM OPINION AND ORDER The Court Reverses the decision of the bankruptcy court, Denies the debtor's motion to reopen Without Prejudice, and Remands with the instruction to consider whether the trustee would pursue this claim on behalf of t he estate, as well as any other appropriate equitable considerations; for the foregoing reasons, the Court Reverses the decision of the bankruptcy court reopening the instant case, Denies the Debtor's motion to reopen Without Prejudice and Remands for further proceedings consistent with this opinion. Signed by Judge Robert C. Chambers on 3/8/2011. (cc: attys; any unrepresented party) (skm)
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