United States Second Circuit

Bankruptcy court's rejection of United States Trustee's petition to appoint a trustee to manage the debtor is affirmed where: 1) the appointment of a trustee is not warranted under 11 U.S.C. sec. 1104(a) as the district court had already appointed new management of the debtor; and 2) the United States Trustee showed no cause for removal of the management.

Appellate Information

• Decided 05/01/2009
• Published 05/01/2009

Judges

• JOHN M. WALKER, JR., Circuit Judge:, Before:  WALKER, KATZMANN, GIBSON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Michael E. Robinson, (William Kanter, of counsel), Attorneys, Appellate Staff, Civil Division, Department of Justice, Washington, D.C., (Peter D. Keisler, Assistant Attorney General, Ross E. Morrison, Assistant United States Attorney, on the brief), for Michael J. Garcia, United States Attorney for the Southern District of New York, New York, N.Y., (Roberta A. DeAngelis, Acting General Counsel, Walter W. Theus, Jr., Department of Justice Executive Office for United States Trustees, Lisa L. Lambert, Assistant United States Trustee, of counsel), for Appellant.


• For Appellees:
  
• Gary J. Mennitt, (H. Jeffrey Schwartz, Elise Scherr Frejka, Jonathan D. Perry, of counsel), Dechert LLP, New York, N.Y., for Appellee Bayou Group LLC et al., Richard A. Kirby, (Scott P. Lindsay, Marla Goodman, of counsel), Kirkpatrick & Lockhart Preston Gates Ellis LLP, Washington, D.C., for Appellee Official Committee of Unsecured Creditors.