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IN RE CONNOLLY NORTH AMERICA, LLC

No. 13-2489.

802 F.3d 810 (2015)

In re CONNOLLY NORTH AMERICA, LLC, Debtor. Mediofactoring; Coface Argentina, Plaintiffs-Appellants, v. Daniel M. McDermott, United States Trustee, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 21, 2015.

Attorney(s) appearing for the Case

ARGUED: William M. Hannay , Schiff Hardin, Chicago, Illinois, for Amicus Curiae. Marc N. Swanson , Miller, Canfield, Paddock & Stone, PLC, Detroit, Michigan, for Appellants. Cameron M. Gulden , United States Department of Justice, Chicago, Illinois, for Appellee. ON BRIEF: William M. Hannay , Schiff Hardin, Chicago, Illinois, for Amicus Curiae. Marc N. Swanson , Michael H. Traison , Ronald A. Spinner , Miller, Canfield, Paddock & Stone, PLC, Detroit, Michigan, for Appellants. Cameron M. Gulden , Sean Cowley , United States Department of Justice, Chicago, Illinois, for Appellee.

DONALD, J., delivered the opinion of the court in which WHITE, J., joined. O'MALLEY, J. (pp. 819-25), delivered a separate dissenting opinion.

OPINION

In a case under Chapter 7 of the Bankruptcy Code,1 three unsecured creditors successfully removed the bankruptcy trustee for misfeasance. The successor trustee then commenced an adversary proceeding against his predecessor...

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