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DEPT. OF SOCIAL SERVICES v. WEBB

No. 17-2328.

908 F.3d 941 (2018)

Commonwealth of Virginia, DEPARTMENT OF SOCIAL SERVICES, Division of Child Support Enforcement, Creditor-Appellant, v. Barry Spencer WEBB, Debtor-Appellee, Herbert L. Beskin, Ch. 13 Trustee, Trustee-Appellee, and U.S. Trustee, Trustee. Christopher T. Micale, Amicus Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: November 19, 2018.

Attorney(s) appearing for the Case

ARGUED: Matthew R. McGuire , OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellant. Angela M. Scolforo , CHAPTER 13 TRUSTEESHIP OF HERBERT L. BESKIN, Charlottesville, Virginia, for Appellees. ON BRIEF: Mark R. Herring , Attorney General, Cynthia V. Bailey , Deputy Attorney General, Elizabeth L. Gunn , Assistant Attorney General, Toby J. Heytens , Solicitor General, Matthew R. McGuire , Deputy Solicitor General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellant. Angela M. Scolforo , Charlottesville, Virginia, for Trustee-Appellee. Jason B. Shorter , Roanoke, Virginia, for Amicus Curiae.

Affirmed by published opinion. Judge Agee wrote the opinion, in which Judge Motz and Judge Diaz joined.

Virginia's Department of Social Services, Division of Child Support Enforcement (the "Division") appeals from the judgment of the district court affirming the bankruptcy court's decision to return Barry Webb's post-petition Chapter 13 payments to him. Webb filed a voluntary petition...

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