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McDOW v. DUDLEY

No. 10-1732.

662 F.3d 284 (2011)

W. Clarkson McDOW, Jr., United States Trustee for Region Four, Trustee-Appellant, v. David V. DUDLEY; Anne M. Dudley, Debtors-Appellees, and Roy V. Creasy; Joseph Anthony Guzinski, III; Rebecca Connelly, Trustees.

United States Court of Appeals, Fourth Circuit.

Decided: November 30, 2011.

Attorney(s) appearing for the Case

ARGUED: Wendy Cox , United States Department of Justice, Washington, D.C., for Appellant. Garren Robert Laymon , Magee Goldstein Lasky & Sayers, PC, Roanoke, Virginia, for Appellees. ON BRIEF: Ramona D. Elliott , General Counsel, P. Matthew Sutko , Associate General Counsel, Executive Office for United States Trustees, United States Department of Justice, Washington, D.C.; W. Clarkson McDow, Jr. , United States Trustee for Region 4, John R. Byrnes , Assistant United States Trustee, Office of the United States Trustee, United States Department of Justice, Roanoke, Virginia; Joseph A. Guzinski , Assistant United States Trustee, Office of the United States Trustee, United States Department of Justice, Alexandria, Virginia, for Appellant. Andrew S. Goldstein , Magee Goldstein Lasky & Sayers, PC, Roanoke, Virginia, for Appellees.

Vacated and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge KING and Judge AGEE joined.

OPINION

NIEMEYER, Circuit Judge:

The issue presented by this appeal is whether an order denying the U.S. Trustee's motion to dismiss a debtor's Chapter 7 bankruptcy case as abusive under 11 U.S.C. § 707(b) is a final order appealable under 28 U.S.C. § 158(a). The district court dismissed the U.S. Trustee's appeal, ruling that the bankruptcy court's order was interlocutory and therefore not appealable to the district court.

Because of the...

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