RITCHIE SPECIAL CREDIT INVESTMENTS v. U.S. TRUSTEE

No. 09-3271.

620 F.3d 847 (2010)

RITCHIE SPECIAL CREDIT INVESTMENTS, LTD.; Rhone Holdings II, Ltd.; Yorkville Investments I, LLC; Ritchie Capital Structure Arbitrage Trading, Ltd., Ritchie Capital Management, L.L.C., Appellants, v. UNITED STATES TRUSTEE; Official Committee of Unsecured Creditors, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: September 2, 2010.


Attorney(s) appearing for the Case

Thomas K. Cauley, Jr. , argued, Chicago, IL, Brian A. McAleenan , Bryan Krakauer , Chicago, IL, and James Jorissen , Minneapolis, MN, on the brief, for appellant.

David Runck , argued, C onnie A. Lahn , on the brief, Eden Prairie, MN, for appellee Official Committee of Unsecured Creditors.

Ann Stukes , argued, US DOJ, Washington, DC, Robert B. Raschke and Michael E. Ridgway , on the brief, US DOJ, Minneapolis, MN, for appellee United States Trustee.

Before WOLLMAN, EBEL, and COLLOTON, Circuit Judges.


WOLLMAN, Circuit Judge.

The United States Trustee appointed Douglas A. Kelley, Esq., as Chapter 11 trustee for the debtors in the jointly administered bankruptcy proceedings for certain companies established by Thomas J. Petters, including Petters Company, Inc. (PCI), and Petters Group Worldwide, LLC (PGW). Ritchie2 objected to the appointment, arguing that Kelley did not qualify as a "disinterested...

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