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IN RE AQUATIC DEVELOPMENT GROUP, INC.

Docket No. 02-5059.

352 F.3d 671 (2003)

In re: AQUATIC DEVELOPMENT GROUP, INC., Debtor. Carolyn S. Schwartz, Appellant, v. Aquatic Development Group, Inc., Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 17, 2003.

Attorney(s) appearing for the Case

Eric D. Miller, Attorney, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC (Robert M. Loeb, Attorney, Appellate Staff, Civil Division, United States Department of Justice, Robert D. McCallum, Jr., Assistant Attorney General, Civil Division, United States Department of Justice, and Glenn T. Suddaby, United States Attorney for the Northern District of New York, on the briefs; Carolyn S. Schwartz, United States Trustee for the Northern District of New York, Kim F. Lefebvre, Assistant United States Trustee for the Northern District of New York, and Paul Bridenhagen, Trial Attorney, Executive Office for United States Trustees, of counsel), for Appellant.

Terence J. Devine, DeGraff, Foy, Kunz and Devine, LLP, Albany, N.Y. (Ralph W. Bandel, Esq., Cohoes, NY, on the brief) for Appellee.

Before: MINER, STRAUB and WESLEY, Circuit Judges.

Judge STRAUB concurs in a separate opinion.

MINER, Circuit Judge.

In this appeal, we are asked to decide whether the United States Bankruptcy Court for the Northern District of New York (Littlefield, B.J.) was both acting within its statutory authority and properly exercising its discretion when, relying on its equitable powers, it entered a nunc pro tunc order in December 2000 that retroactively closed the bankruptcy estate of debtor-appellee Aquatic...

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