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IN RE MARSHALL

Bankruptcy No. 02-80496-RGM, Adversary No. 03-1012.

307 B.R. 517 (2003)

In re Wilber B. MARSHALL, Jr., Debtor. Janet M. Meiburger, Trustee, Complainant, v. Ocwen Federal Bank, FSB, et als., Defendant.

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

December 22, 2003.

Attorney(s) appearing for the Case

Mark F. Werblood, Tesler & Werblood, Falls Church, VA, for Debtor.

Janet M. Meiburger, Meiburger & Associates, McLean, VA, pro se.

Dennis J. Early, Frank J. Bove, Office of the U.S. Trustee, Alexandria, VA, for U.S. Trustee.

Chase Manhattan Mortgage Corporation, pro se.

Vivieon E. Kelley, Troutman Sanders LLP, Kirk D. McQuiddy, Richmond, VA, Robert L. Vaughn, Glennon, Lubeley, Vaughn & Walker, Reston, VA, James R. Schroll, Thomas W. Repczynski, Bean, Kinney & Korman, Arlington, VA, Brian F. Kenney, J. Douglas Cuthbertson, Miles & Stockbridge, P.C., McLean, VA, for Defendant.

Aaron Johnson, pro se.

MEMORANDUM OPINION

ROBERT G. MAYER, Bankruptcy Judge.

The question presented is whether the Virginia statute of limitations is suspended for the benefit of the debtor or his present trustee during the period that the debtor's prior bankruptcy was pending. The court concludes that the Virginia statute of limitations was not tolled as to the debtor or his trustee and that this case is time-barred.

Wilber B. Marshall, Jr., first filed a voluntary...

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