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UNITED STATES TRUSTEE FOR THE WESTERN DISTRICT OF VIRGINIA, Appellant, v. JOSEPH MARK HARRELSON and MICHELE BOARDMAN HARRELSON, Appellees.

ORDER

JACKSON KISER, Senior District Judge

Before me is an Appeal [2] filed by Appellant, the United States Trustee for the Western District of Virginia ("Trustee"). The parties have waived oral argument and submitted the motion on briefs. The motion is therefore ripe for decision. For the reasons stated in the accompanying Memorandum Opinion, I hereby REVERSE the decision of the Bankruptcy Court and REMAND the case to the Honorable William E. Anderson, United States Bankruptcy Judge, for conversion into a Chapter 13 filing at his discretion, or in the alternative, for dismissal.

The clerk is directed to send a copy of this Order to all counsel of record. The clerk is further directed to strike this matter and all outstanding motions from the Court's docket.

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UNITED STATES TRUSTEE FOR THE W. DIST. OF VIR. v. HARRELSON
(Feb 2, 2005)