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IN RE FINNEY

No. 92-1598.

992 F.2d 43 (1993)

In re Vernon Lee FINNEY, Debtor. Vernon Lee FINNEY, Plaintiff-Appellant, v. Alexander Pierce SMITH, Trustee, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 19, 1993.

Attorney(s) appearing for the Case

Steven Lawrence Brown, Tolerton & Brown, P.C., Norfolk, VA, argued, for plaintiff-appellant.

Alexander Pierce Smith, Alexander P. Smith & Associates, Norfolk, VA, argued (James L. Pedigo, Jr., Sykes, Carnes, Bourdon, Ahern & Shapiro, P.C., Virginia Beach, VA, on brief), for defendant-appellee.

Before PHILLIPS, WILKINS, and WILLIAMS, Circuit Judges.

OPINION

PHILLIPS, Circuit Judge:

Vernon Lee Finney appeals a district court order affirming the denial of his motion to convert his Chapter 7 bankruptcy case to Chapter 11. We affirm, with some modification of the district court's order remanding to the bankruptcy court.

I

Finney filed his Chapter 7 petition in January 1991. Alexander P. Smith was appointed Trustee. Finney was uncooperative...

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