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IN RE MATTHEWS

No. 10-96519-MGD.

458 B.R. 623 (2011)

In re Charles Terrance MATTHEWS and Roberta Lynn Matthews, Debtors. Avaya, Inc., Movant, v. Charles Terrance Matthews, Roberta Lynn Matthews, and S. Gregory Hays, Chapter 7 Trustee, Respondents.

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

August 23, 2011.

Attorney(s) appearing for the Case

Ernest V. Harris , Harris & Liken, L.L.P., Athens, GA, R. Jeffrey Field , R. Jeffrey Field & Associates, Scottdale, GA, for Debtors.

ORDER DENYING AVAYA, INC.'S MOTION FOR DETERMINATION THAT AUTOMATIC STAY DOES NOT APPLY

MARY GRACE DIEHL, Bankruptcy Judge.

Debtor Charles Matthews ("Debtor") was a majority shareholder in a corporation ("vTRax") that filed a pre-petition patent infringement suit against Avaya, Inc. ("Avaya") and other defendants. The patent infringement suit continued after Debtor filed a joint Chapter 7 case. The patent infringement suit was dismissed...

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