[1]     

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term, 1995

, [5]     

Argued August 9, 1996

, [6]      IN RE: PALM COAST, MATANZA SHORES LIMITED PARTNERSHIP, A CONNECTICUT LIMITED PARTNERSHIP, " />

Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

In Re Palm Coast, 101 F.3D 253 (2d Cir. 11/27/1996)

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term, 1995

No. 1824

Docket No. 96-5009

101 F.3d 253, 1996.C02.0000570 <http://www.versuslaw.com>

Argued August 9, 1996

IN RE: PALM COAST, MATANZA SHORES LIMITED PARTNERSHIP, A CONNECTICUT LIMITED PARTNERSHIP,

Before: MESKILL, CALABRESI and PARKER, Circuit Judges.

[8]    

Decided November 27, 1996

[9]    

Debtor.

UNITED STATES TRUSTEE,

Appellant, v.

MARVIN J. BLOOM, Trustee,

Appellee.

Appeal from the judgment of the United States District Court for the Southern District of New York, Scheindlin, J. The district court affirmed an order of the United States Bankruptcy Court for the Southern District of New York, Abram, B.J., authorizing a Chapter 11 Trustee to retain his own real estate firm as a consultant to the bankruptcy estate.

Vacated and remanded.

MESKILL, Circuit Judge:

The issue presented on appeal is whether a Chapter 11 Trustee (Trustee) can employ his own real estate firm as a consultant to the bankruptcy estate. The appellant United States Trustee appeals from a judgment of the United States District Court for the Southern District of New York, Scheindlin, J., that affirmed an order of the United States Bankruptcy Court for the Southern District of New York, Abram, B.J., authorizing the Trustee to retain his real estate firm, Keen Realty Consultants, Inc. (Keen), as real estate consultant to the bankruptcy estate. We disagree with the district court's conclusion that a trustee is permitted to retain his real estate firm to assist him in his duties as trustee. We therefore vacate the judgment and remand to the district court.

BACKGROUND

On November 22, 1993, Palm Coast: Matanza Shores Limited Partnership (Debtor), a partnership formed solely to buy, develop and sell a certain parcel of real estate located in Florida, filed a voluntary petition for bankruptcy under Chapter 11 of the United States Bankruptcy Code (Bankruptcy Code). By Notice of Appointment dated October 18, 1994, the bankruptcy court appointed Marvin J. Bloom as trustee to the Debtor's bankruptcy estate.

In order to assist in the marketing and sale of the Debtor's property, Bloom sought to employ his real estate firm, Keen, as real estate consultant to the Debtor's bankruptcy estate. However, because Bloom is an officer of Keen, the United States Trustee opposed its retention. On February 2, 1995, the bankruptcy court held a hearing with respect to the proposed employment of Keen. After reviewing the application, the bankruptcy court authorized Keen's retention. The United States Trustee appealed to the district court. The district court affirmed the ruling of the bankruptcy court, holding that the Bankruptcy Code does not expressly limit a trustee's ability to hire his or her own firm to serve in any capacity, including that of real estate broker. See In re Palm Coast: Matanza Shores Ltd. Partnership, 188 B.R. 741 (S.D.N.Y. 1995).

DISCUSSION

A. Jurisdiction

As a threshold matter, we must address the question of appellate jurisdiction. Where a district court has ruled on a bankruptcy matter as an appellate court pursuant to 28 U.S.C. Section(s) 158(a), we have jurisdiction to review the district court's decision if the appeal meets the requirements of, among other statutes, 28 U.S.C. Section(s) 158(d) or 28 U.S.C. Section(s) 1292. See Connecticut Nat'l Bank v. Germain


02 VersusLaw, Inc.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.