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IN RE JKJ CHEVROLET, INC.

Nos. 04-2374, 04-2458.

412 F.3d 545 (2005)

In re JKJ CHEVROLET, INCORPORATED, Debtor. Richard G. Hall, Trustee, Plaintiff-Appellant, and Ford Motor Credit Company, Plaintiff, v. Chrysler Credit Corporation, Defendant-Appellee. Richard G. Hall, Trustee, Plaintiff-Appellant, v. Chrysler Credit Corporation, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 22, 2005.

Attorney(s) appearing for the Case

ARGUED: George Richard Pitts, Dickstein, Shapiro, Morin & Oshinsky, L.L.P., Washington, D.C., for Appellant. Joel S. Aronson, Ridberg, Sherbill & Aronson, L.L.P., Bethesda, Maryland, for Appellee. ON BRIEF: Janet R. Fallon, Dickstein, Shapiro, Morin & Oshinsky, L.L.P., Washington, D.C., for Appellant. Theodore R. Goldstock, Jennifer B. Wellman, Ridberg, Sherbill & Aronson, L.L.P., Bethesda, Maryland, for Appellee.

Before LUTTIG, MICHAEL, and TRAXLER, Circuit Judges.

Vacated and remanded by published opinion. Judge LUTTIG wrote the opinion, in which Judge MICHAEL and Judge TRAXLER joined.

OPINION

LUTTIG, Circuit Judge.

In 1991, a number of car dealerships owned and controlled by John W. Koons, Jr., filed bankruptcy petitions under Chapter 11 of the Bankruptcy Code. J.A. 561. The consolidated proceedings were subsequently converted to a Chapter 7 case with Richard Hall...

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