United States Trustee for the Western District of Virginia v. Harrelson

MEMORANDUM OPINION

KISER, Senior District Judge.

Before me is an Appeal [2] filed by Appellant, the United States Trustee for the Western District of Virginia (“Trustee”). The parties have waived oral argument and submitted the motion on briefs. The motion is therefore ripe for decision. For the reasons below, I hereby REVERSE the decision of the Bankruptcy Court and REMAND the ease for further proceedings.

I. PROCEDURAL HISTORY

On November 21, 2003, Joseph Mark Harrelson and Michele Boardman Harrel-son (“Harrelsons” or “Debtors”) filed a voluntary petition for Chapter 7 Bankruptcy. The Trustee…