United States Second Circuit

The record does not support the Bankruptcy Court's conclusion that debtor's delay in closing its bankruptcy case "resulted" from circumstances sufficiently extraordinary to justify the rare and powerful relief of retroactive closure. Granting a nunc pro tunc order, which relieved the debtor of the obligation to pay statutory bankruptcy trustee fees, was thus an abuse of discretion.

Appellate Information

• Decided 12/17/2003
• Published 12/17/2003

Judges

• Before:  MINER, STRAUB and WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Eric D. Miller, Attorney, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC (Robert M. Loeb, Attorney, Appellate Staff, Civil Division, United States Department of Justice, Robert D. McCallum, Jr., Assistant Attorney General, Civil Division, United States Department of Justice, and Glenn T. Suddaby, United States Attorney for the Northern District of New York, on the briefs;  Carolyn S. Schwartz, United States Trustee for the Northern District of New York, Kim F. Lefebvre, Assistant United States Trustee for the Northern District of New York, and Paul Bridenhagen, Trial Attorney, Executive Office for United States Trustees, of counsel), for Appellant.


• For Appellees:
  
• Terence J. Devine, DeGraff, Foy, Kunz and Devine, LLP, Albany, N.Y. (Ralph W. Bandel, Esq., Cohoes, NY, on the brief) for Appellee.