IN RE CLINTON NURSERIES, INC.

No. 20-1209-bk August Term, 2020.

53 F.4th 15 (2021)

IN RE: CLINTON NURSERIES, INC.; Clinton Nurseries of Maryland, Inc.; Clinton Nurseries of Florida, Inc.; Triem LLC, Debtors. Clinton Nurseries, Inc.; Clinton Nurseries of Maryland, Inc.; Clinton Nurseries of Florida, Inc., Debtors-Appellants, Triem LLC, Debtor, v. William K. Harrington, United States Trustee, Region 2, Trustee-Appellee.

United States Court of Appeals, Second Circuit.

Decided: May 24, 2021.

Vacated: October 11, 2022.

Amended and Reinstated: November 10, 2022.


Attorney(s) appearing for the Case

Eric A. Henzy (Christopher H. Blau, on the brief), Zeisler & Zeisler, P.C., Bridgeport, Connecticut, for Debtors-Appellants.

Jeffrey B. Clark (Ethan P. Davis, Mark B. Stern, Jeffrey E. Sandberg, Ramona D. Elliott, P. Matthew Sutko, and Beth A. Levene, on the brief), U.S. Department of Justice, Washington, D.C., for Trustee-Appellee.

Before: Raggi, Sullivan, and Nardini, Circuit Judges.


Judicial districts in the United States fall into two categories: those in which the United States Trustee Program oversees bankruptcy administration ("UST Districts") and those in which judicially appointed bankruptcy administrators perform the same function ("BA Districts"). See Matter of Buffets, L.L.C.,...

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