First National Exchange Bank of Virginia v. Myers (In Re Burton)

MEMORANDUM OPINION AND ORDER

H. CLYDE PEARSON, Bankruptcy Judge.

The issue here is whether or not First National Exchange Bank of Virginia (Bank) should be granted leave to pursue its claim against a co-debtor of the Chapter 13 Debtor herein.

The facts essentially are as follows: the Debtor filed a petition in this Court seeking relief under Chapter 13 of the Bankruptcy Code of 1978. The plan which has been confirmed provided for the payment of all general creditors 100% of their debts. One of the debts listed in the schedule is that of the Bank upon which a claim has been filed herein. The…