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IN RE BOXALL

Civ. A. No. 95-1125-A. No. 95-13061-AM. Adv. No. 95-1228.

188 B.R. 198 (1995)

In re James A. BOXALL, Jr., Debtor. James A. BOXALL, Jr., Plaintiff, v. Lilia KREB, a/k/a Lilia El Ouaer, Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

October 31, 1995.

Attorney(s) appearing for the Case

Sally Ann Hostetler, Odin, Feldman & Pittleman, P.C., Fairfax, VA, Richard J. Stahl, Dixon, Smith & Stahl, Fairfax, VA, for James A. Boxall, Jr.

John P. Van Beek, Alexandria, VA, Pleasant S. Brodnax, III, Bullock & Broadnax, Alexandria, VA, for Lilia Kreb a/k/a Lilia El Ouaer.

MEMORANDUM OPINION

ELLIS, District Judge.

This bankruptcy appeal presents two questions. The threshold issue is whether the order appealed from is final under 28 U.S.C. § 158(a). The merits issue is whether the bankruptcy court was premature in determining the portion of a fraudulent conveyance that would benefit the estate where, as here, the determination was made prior to the deadline for the filing of claims against the estate.

I...

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