Legal Opinion
Steel of West Virginia, Inc. v. McMellon (In re McMellon)
District Court, S.D. West Virginia
Decided March 8, 2011No. Civil Action No. 3:11-0047PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
ROBERT C. CHAMBERS, District Judge.
Pending is a brief of objections filed by Steel of West Virginia, Inc. and SWVA, Inc. (collectively, “Steel”) to the bankruptcy court’s order reopening the case of the debtors David and Emily McMellon for the purpose of adding to their asset schedules a concurrently pending wrongful termination claim. For the following reasons, the Court REVERSES the decision of the bankruptcy court reopening the case, DENIES the debtor’s motion to reopen WITHOUT PREJUDICE, and REMANDS this matter for further proceedings.
I. Background and…
2Cases cited22 opinions
- Catlin v. United StatesSupreme Court of the United States · 1945
- Browning Manufacturing v. Mims (In Re Coastal Plains, Inc.)Court of Appeals for the Fifth Circuit · 1999
- Walter Burnes v. Pemco AeroplexCourt of Appeals for the Eleventh Circuit · 2002
- In Re Robert D. Johnson, Debtor. Canal Corporation, General Partner of the Limited Partnership of the October 18, 1973 Group the October 30, 1973 Group the November 30, 1973 Group the November 15, 1973 Group the December 10, 1973 Group the December 11, 1973 Group the December 14, 1973 Group the January 7, No. 91-1403 1974 Group the January 11, 1974 Group the January 31, 1974 Group Resource Evaluation & Development, Incorporated, General Partner of the Limited Partnership of the February 8, 1974 Group the February 15, 1974 Group the March 5, 1974 Group the March 11, 1974 Group the March 29, 1974 Group the April 14, 1974 Group the April 5, 1974 Group v. Robert E. Finnman Gerald L. Sacks Leonard Henschel Mrs. Leonard Henschel Carl Starnes Mrs. Carl Starnes Robert W. Froehlich Alan B. Svedlow Thomas W. Gilliam, Jr. Ruth Swart Young Frederick M. Sorrell, Jr. Richard B. Hudson Mrs. Richard B. Hudson William A. Gore Mrs. William A. Gore, and Lenora Johnson Brown Vail Pischke v. Bruce Goldstein, TrusteeCourt of Appeals for the Fourth Circuit · 1992
- Kane v. National Union Fire InsuranceCourt of Appeals for the Fifth Circuit · 2008
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3Cited by1 opinion
- In RE McMELLONDistrict Court, S.D. West Virginia · 2011