IN RE WELLINGTON APARTMENT, LLC

Bankruptcy No. 04-50301-DHA, Adversary No. 05-5029.

350 B.R. 213 (2006)

In re WELLINGTON APARTMENT, LLC, Debtor. Wellington Apartment, LLC, Plaintiff, v. Charles H. Clotworthy, et al., Defendants.

United States Bankruptcy Court, E.D. Virginia, Newport News Division.

August 24, 2006.


Attorney(s) appearing for the Case

John M. Ryan, Jr., Karen M. Crowley, Marcus, Santoro & Kozak, P.C., Chesapeake, VA, for Plaintiff.

Michael L. Donner, Sr., Weinberg & Stein, R. Clinton Stackhouse, Jr., Stackhouse, Nexsen & Turrietta, Douglas M. Foley, McGuireWoods LLP, Peter G. Zemanian, Zemanian Law Group, Norfolk, VA, Benjamin C. Ackerly, Jason William Harbour, Hunton & Williams LLP, Richmond, VA, for Defendants.


AMENDED MEMORANDUM ONION AND ORDER

DAVID H. ADAMS, Bankruptcy Judge.

This matter is before the Court on the Complaint of Wellington Apartment, LLC ("Wellington," "Plaintiff" or "Debtor") against Charles H. Clotworthy, III ("Clotworthy"), Richard Merel ("Merel"), Steven Byers ("Byers"), Garfield & Merel, Ltd. ("G & M"), WP New Orleans, L.L.C. ("WP New Orleans"), and WPN, L.L.C. ("WPN"),1 (collectively referred to as'"the...

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