*1 Case 06-01179-RGM Doc 21 Filed 06/14/07 Entered 06/14/07 11:18:24 Desc Main
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UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division In re: GARY WINSTEAD, Case No. 05-13789-RGM (Chapter 7) Debtor.
MID SOUTH BUILDING SUPPLY, INC., Plaintiff, vs. Adv. Proc. No. 06-1179 GRANT WINSTEAD, Defendant. MEMORANDUM OPINION
THIS CASE was before the court for trial on May 3, 2007, on the complaint of Mid South Building Supply, Inc. The court explained on the record that Mid South Building Supply’s claim against Grant Winstead is both pre-petition and post-petition. The post-petition portion is not discharged by the filing of the petition in this case because it was incurred after the filing. The only debts discharged in a chapter 7 case are those that originate prior to the filing of the petition. See 11 U.S.C. §502(b). The court also explained that the elements of non-dischargeability as to the pre- petition debt had been established by Mid South Building, but was concerned that a recent opinion by the United States Court of Appeals for the Fourth Circuit, In re Roundtree , 478 F.3d. 215 (4 th Cir., 2007), might affect the outcome of the case. The court reviewed Roundtree and the plaintiff’s post-trial brief. The defendant did not file a post-trial brief. Upon the court’s review of the opinion, it finds that the opinion does not affect the outcome of this case and that the entire debt is therefore
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Case 06-01179-RGM Doc 21 Filed 06/14/07 Entered 06/14/07 11:18:24 Desc Main
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non-dischargeable.
Alexandria, Virginia
June 14, 2007
/s/ Robert G. Mayer Robert G. Mayer United States Bankruptcy Judge Copy electronically to:
Richard G. Hall
Copy mailed to:
Grant Winstead
21024 Mossy Glen Terrace
Ashburn, Virginia 20147
13618
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