CLAY v. STATE CONSOL. PUBLIC RETIREMENT BD.

Nos. 34944, 34945.

691 S.E.2d 537 (2010)

James G. CLAY, Michael R. Corbett, and Katherine Hoopengarner, Plaintiffs Below, Appellants, v. STATE of West Virginia CONSOLIDATED PUBLIC RETIREMENT BOARD, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided March 5, 2010.


Attorney(s) appearing for the Case

Bradley J. Pyles, Esq., Pyles, Turner & Mick, LLP, Logan, WV, for Appellants, James G. Clay and Michael R. Corbett.

Timothy M. Sirk, Keyser, WV, for Appellant, Katherine Hoopengarner.

J. Jeaneen Legato, Esq., West Virginia Consolidated Public Retirement Board, Charleston, WV, for the Appellee.


PER CURIAM:

In this appeal from the Circuit Court of Kanawha County, we are asked to consider whether pension loans made by the West Virginia Consolidated Public Retirement Board to three retirement system participants were discharged when the participants filed for bankruptcy. The Board asserts that, under the law at the time of the participants' bankruptcies, the loans could not have been discharged in bankruptcy, but made no attempt to collect those loans. The...

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