United States Eleventh Circuit

Bankruptcy court's removal orders, removing plaintiff as trustee in debtor's Chapter 7 bankruptcy proceeding is affirmed over claims that: 1) the bankruptcy court lacked jurisdiction to enter a second removal order and final judgment as plaintiff already had filed an appeal of the first removal order, thus stripping the bankruptcy court of jurisdiction; 2) defendant, as a Chapter 7 debtor with no pecuniary interest in the estate, lacked standing as a "party in interest" to seek removal of the trustee; 3) there was insufficient legal cause to remove the trustee; and 4) the bankruptcy court erred by violating plaintiff's Due Process rights.

Appellate Information

• Decided 01/31/2008
• Published 01/31/2008

Judges

• KRAVITCH, Circuit Judge:, Before DUBINA and KRAVITCH, Circuit Judges, and COOGLER, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Michael Winer, Winer & Associates, P.A., Ft. Lauderdale, FL, for Walden., Jay Lewis Farrow, Gary J. Rotella, Robert P. Kelly, Gary J. Rotella & Associates, P.A., Ft. Lauderdale, FL, for Walker.