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IN RE BYRD

No. 03-1185.

357 F.3d 433 (2004)

In Re: Ralph T. BYRD, Debtor, Platinum Financial Services Corporation, Plaintiff-Appellant, Roger Schlossberg, Chapter 7 Trustee, Trustee-Appellant, v. Ralph T. Byrd, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: February 11, 2004.

Attorney(s) appearing for the Case

ARGUED: Ronald Scott Canter, Wolpoff & Abramson, L.L.P., Rockville, Maryland, for Appellant Platinum; James Martin Hoffman, Shulman, Rogers, Gandal, Pordy & Ecker, P.A., Rockville, Maryland, for Appellant Schlossberg. Ralph T. Byrd, Laytonsville, Maryland, for Appellee.

Before WILKINS, Chief Judge, and WILKINSON and MOTZ, Circuit Judges.

Reversed and remanded by published opinion.

Judge WILKINSON wrote the opinion, in which Chief Judge WILKINS and Judge MOTZ joined.

OPINION

WILKINSON, Circuit Judge:

The question here is whether an unstayed state court judgment that is pending appeal can constitute a "bona fide dispute" for purposes of the Bankruptcy Code. 11 U.S.C. § 303(b) (2000). Defendant Ralph T. Byrd is a Maryland attorney...

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