SMITH v. GILES

Civ. A. No. 83-M-1-L, Bankruptcy No. 79-000295-L.

35 B.R. 377 (1983)

W. Alan SMITH, Jr., Trustee, Plaintiff, v. Clarence Maxwell GILES, et al., Defendants.

United States District Court, W.D. Virginia, Lynchburg Division.

August 26, 1983.


Attorney(s) appearing for the Case

Alexander W. Bell, Lynchburg, Vt., for plaintiff.

Gordon N. Shapiro, Clifford R. Weckstein, Roanoke, Va., for defendants.


MEMORANDUM OPINION

TURK, Chief Judge.

Defendant filed a voluntary petition for bankruptcy on August 16, 1979. After numerous proceedings below the bankruptcy court denied defendant a discharge and awarded the trustee damages in the amount of $85,000. Defendant appealed the judgment but failed to post the security, as directed by the bankruptcy court, requisite to a stay of execution. Accordingly, plaintiff has, simultaneously with defendant's prosecution...

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