Shaia v. Malone

Filing 2

MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 09/21/2017. (walk, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division HARRY SHAIA, JR., Trustee, V. Civil Action No. 3:17cvll4 RUSSELL H. MALONE, III, Movant. MEMORANDUM OPINION This matter comes before the Court on the Motion for Withdrawal of the Reference filed by Debtor Russell H. Malone, III ("Malone" or "Debtor"), Malone Family Holdings, LLC ("MFH"), 10200 W.B. Associates, LLC, Stony Point, LLC, MH Futures, LLC, Debtor's wife, Anne Elizabeth "Beth" Malone ("Ms. Malone"), and Debtor's son, Russell H. Malone, IV ("Russell") (collectively, the "Defendants"). (ECF No. 1.) Defendants seek permissive withdrawal of the adversary proceeding initiated when Trustee Harry Shaia, Jr., ("Trustee") filed a two-count complaint against Defendants in the underlying bankruptcy action. Trustee opposes the withdrawal. The Court exercises jurisdiction pursuant to 28 U.S.C. § 157(d).^ The parties fully briefed the matter in the Bankruptcy Court, and the Court dispenses with oral argument because the materials before it adequately present the facts and legal contentions, and argument would not aid the decisional process. The matter is ripe for disposition. For the reasons that follow, the Court will deny the Motion for Withdrawal of the Reference and remand the case to the Bankruptcy Court. ^Section 157(d) provides, in relevant part, that "[t]he district court may withdraw, in whole or in part, any case or proceeding referred under this section, on its own motion or on timely motion of any party, for cause shown." 28 U.S.C. § 157(d).

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