IN RE GRIMES

Bankruptcy No. 06-7. Adversary No. 07-57.

388 B.R. 195 (2008)

In re David Lynn GRIMES and, Linda Perry Grimes, Debtors. David Lynn Grimes, Plaintiff, v. First-Citizens Bank & Trust Company, Timothy Pennington, and Timothy McClung, Defendants.

United States Bankruptcy Court, N.D. West Virginia.

March 31, 2008.


Attorney(s) appearing for the Case

Paul J. Harris, Wheeling, WV, for Plaintiff.

Donald J. Epperly, Steptoe and Johnson PLLC, Clarksburg, WV, Paul A. Fanning, Ward and Smith, P.A., Greenville, NC, for Defendants.


MEMORANDUM OPINION

PATRICK M. FLATLEY, Bankruptcy Judge.

David Lynn Grimes (the "Debtor") filed a state court complaint against First-Citizens Bank & Trust Company ("First Citizens"), Timothy Pennington, and Timothy McClung (collectively, the "Defendants"). The state court complaint alleges a negligence cause of action based on, inter alia, First Citizens's unauthorized withdrawal of money from the Debtor's bank account. As a result of...

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