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IN RE CACIOLI

Docket No. 05-6651-bk.

463 F.3d 229 (2006)

In re Stephen A. CACIOLI. D.A.N. Joint Venture, et al., Plaintiffs-Appellants, v. Stephen A. Cacioli, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 6, 2006.

Attorney(s) appearing for the Case

Edward P. Jurkiewicz, Edward P. Jurkiewicz, LLC, New Hartford, CT, for Plaintiffs-Appellants.

James C. Graham, Pepe & Hazard LLP, Hartford, CT, for Defendant-Appellee.

Before MINER, CALABRESI, Circuit Judges, and RESTANI, Judge.

RESTANI, Judge.

This appeal concerns an adversary proceeding by creditors ("Plaintiffs-Appellants" or "Appellants") pursuant to 11 U.S.C. §§ 727(a)(3), (a)(4), and (a)(5) (2000), challenging Stephen A. Cacioli's ("Debtor" or "Cacioli") entitlement to discharge of his debts under Chapter 7 of the Bankruptcy Code. The bankruptcy court ruled in favor of Cacioli on each ground, Cadlerrock Joint Venture, L.P. v. Cacioli (In re Cacioli),

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