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BRAUNSTEIN v. McCABE

Nos. 08-1690, 08-1691.

571 F.3d 108 (2009)

Joseph BRAUNSTEIN, Chapter 7 Trustee of TMG Holdings, LLC and of Edwin A. McCabe, Plaintiff, Appellee/Cross-Appellant, v. Edwin A. McCABE; Karren K. McCabe, Defendants, Appellants/Cross-Appellees, v. Craig J. Ziady, Fourth-Party Defendant, Appellee, Dann Ocean Towing, Inc., Defendant.

United States Court of Appeals, First Circuit.

Decided June 26, 2009.

Attorney(s) appearing for the Case

Joseph H. Reinhardt for appellants/cross-appellees.

Mark W. Corner with whom Riemer & Braunstein LLP was on brief for appellee/cross-appellant Joseph Braunstein and appellee Craig J. Ziady.

Before LYNCH, Chief Judge, TORRUELLA and LIPEZ, Circuit Judges.

LYNCH, Chief Judge.

This appeal requires us to address several issues of first impression in bankruptcy law in this circuit. The first is whether there is a jury trial right under the Seventh Amendment in actions by trustees to compel the turnover of property to the estate under 11 U.S.C. § 542. The second concerns what is meant by the "ordinary course of business" of a debtor for purposes of 11 U.S.C. § 363, which allows trustees to make ordinary expenditures...

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