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IN RE BIG RIVERS ELEC. CORP.

Nos. 02-6212, 02-6213, 02-6338, 02-6340, 02-6341, 02-6344, 02-6347.

355 F.3d 415 (2004)

In re BIG RIVERS ELECTRIC CORPORATION, Debtor. United States of America, On Behalf of the Rural Utilities Service of the Department of Agriculture and the United States Trustee, et al., Appellees, v. J. Baxter Schilling, Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 8, 2004.

Attorney(s) appearing for the Case

Donald L. Cox (argued and briefed), Lynch, Cox, Gilman & Mahan, Louisville, KY, for Appellant.

Michael E. Robinson (argued and briefed), U.S. Department of Justice, Civil Division, William Kanter (briefed), U.S. Department of Justice, Civil Division, Washington, D.C., Alan C. Stout (briefed), Stout Law Office, Marion, KY, for Appellees.

Michael A. Fiorella (argued and briefed), Sullivan, Mountjoy, Stainback & Miller, Owensboro, KY, for Debtor.

James M. Miller (briefed), Sullivan, Mountjoy, Stainback & Miller, Owensboro, KY, for Debtor.

Before GIBBONS and SUTTON, Circuit Judges; MILLS, District Judge.

OPINION

SUTTON, Circuit Judge.

At issue in this case are the duties of disinterest and disclosure of an examiner appointed to facilitate a reorganization under Chapter 11 of the Bankruptcy Code. The issues arise from the appointment of J. Baxter Schilling to serve as the examiner in the reorganization of Big Rivers Electric Corporation, which was unable to meet obligations on $1.2 billion in debt and whose September 1996 bankruptcy petition represented the...

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