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IN RE WHITLEY

No. 15-2209.

848 F.3d 205 (2017)

IN RE: James Edwards WHITLEY, Debtor. Charles M. Ivey, III, Chapter 7 Trustee for the Estate of James Edwards Whitley, Plaintiff-Appellant, v. First Citizens Bank & Trust Company, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 31, 2017.

Attorney(s) appearing for the Case

ARGUED: Charles Marshall Ivey, III , IVEY, MCCLELLAN, GATTON & SIEGMUND, L.L.P., Greensboro, North Carolina, for Appellant. Gary J. Rickner , WARD AND SMITH, P.A., Greenville, North Carolina, for Appellee. ON BRIEF: Charles Marshall Ivey, IV , IVEY, MCCLELLAN, GATTON & SIEGMUND, L.L.P., Greensboro, North Carolina, for Appellant. Benjamin E.F.B. Waller , WARD AND SMITH, P.A., Greenville, North Carolina, for Appellee.

Affirmed by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Wynn and Senior Judge Davis joined.

This appeal is from an adversary proceeding in the bankruptcy of debtor James Edwards Whitley. Charles M. Ivey III, the Chapter 7 trustee for Whitley's estate, appeals the district court judgment affirming the bankruptcy court's award of summary judgment for First Citizens Bank and Trust Company ("First Citizens Bank" or "the...

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