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IN RE LEGGETT

No. 05-67603.

335 B.R. 227 (2005)

In re Brian Keith LEGGETT, Debtor.

United States Bankruptcy Court, N.D. Georgia, Atlanta Division.

August 19, 2005.

Attorney(s) appearing for the Case

Leon S. Jones, Jones & Walden, LLC, Atlanta, GA, for Debtor.

Jeffrey S. York, R. Eric Bilik, McGuire Woods LLP, Jacksonville, FL, Douglas M. Foley, Daniel F. Blanks, McGuire Woods LLP, Norfolk, VA, for CSX Transportation, Inc.

ORDER GRANTING MOTION TO DISMISS

PAUL W. BONAPFEL, Bankruptcy Judge.

CSX Transportation, Inc. ("CSXT") has moved to dismiss the Debtor's chapter 13 case or to convert it to chapter 7 on the ground that the Debtor's unsecured debts exceed the $307,675 limit for chapter 13 relief under 11 U.S.C. § 109(e) because of its claim in excess of $1.9 million against the Debtor and others that is pending in the District Court. The Debtor contends that, due to...

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