IN RE TOMLIN

No. 95-2509.

105 F.3d 933 (1997)

In re Shirley Mae TOMLIN, Debtor. COLONIAL AUTO CENTER, Plaintiff-Appellee, v. Shirley Mae TOMLIN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 3, 1997.


Attorney(s) appearing for the Case

ARGUED: Mark Bennett Peterson, Ogle & Peterson, Charlottesville, VA, for Defendant-Appellant. Steven Shareff, Palmyra, Virginia, for Plaintiff-Appellee. ON BRIEF: Gail S. Ogle, Ogle & Peterson, Charlottesville, VA, for Defendant-Appellant.

Before ERVIN, WILKINS, and MOTZ, Circuit Judges.


Reversed and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge ERVIN and Judge WILKINS joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

In this case a creditor asserts that an order dismissing "with prejudice" a bankrupt debtor's Chapter 7 petition precluded the debtor from subsequently seeking to discharge debts existing at the time of that order. Although a bankruptcy court certainly has the power to bar a debtor from...

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