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IN RE INDIAN MOTOCYCLE CO., INC.

No. MW 00-005.

259 B.R. 458 (2001)

In re INDIAN MOTOCYCLE CO., INC., Indian Motocycle Apparel and Accessories, Inc., Indian Motocycle Mfg. Co., Inc., Debtors. United States of America, Appellant, v. Sterling Consulting Corp., Colorado Receiver and Steven M. Rodolakis, Chapter 7 Trustee, Appellees.

United States Bankruptcy Appellate Panel of the First Circuit.

March 13, 2001.

Attorney(s) appearing for the Case

Peter Sklarew, U.S. Department of Justice, and Donald K. Stern, U.S. Attorney, on brief for the Appellant.

Joseph H. Baldiga, Paul W. Carey of Mirick, O'Connell, DeMallie & Lougee and Stephan M. Rodolakis, Mark S. Foss of Peters Massad & Rodolakis, on brief for the Appellees.

Before GOODMAN, DE JESÚS, VAUGHN, Bankruptcy Judges.

VAUGHN, Bankruptcy Judge.

This appeal arises out of a bankruptcy court order entered on December 30, 1999 approving the Chapter 7 Trustee's final accounts in these three administratively consolidated bankruptcy cases. For the reasons set out below the order of the bankruptcy court is reversed and the case is remanded for proceedings consistent with this opinion.

I. BACKGROUND

These three bankruptcy cases...

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