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DANIELS v. AGIN

No. 12-2376.

736 F.3d 70 (2013)

William M. DANIELS, Appellant, v. Warren E. AGIN, Chapter 7 Trustee, and William K. Harrington, United States Trustee for Region 1, Appellees.

United States Court of Appeals, First Circuit.

November 25, 2013.

Attorney(s) appearing for the Case

Timothy J. Burke , with whom Burke & Associates was on brief, for appellant.

John G. Loughnane , with whom Charlotte L. Bednar and Eckert Seamans Cherin & Mellott, LLC were on brief, for appellee Warren Agin.

Cameron M. Gulden , with whom Ramona D. Elliott , Deputy Director/General Counsel, Executive Office for U.S. Trustees, Department of Justice, P. Matthew Sutko , Associate General Counsel, Executive Office for U.S. Trustees, Department of Justice, John P. Fitzgerald , Assistant United States Trustee, Wendy L. Cox , and Jennifer L. Hertz , were on brief, for appellee William Harrington.

Before LYNCH, Chief Judge, HOWARD and KAYATTA, Circuit Judges.

KAYATTA, Circuit Judge.

Ruling on motions for summary judgment in a bankruptcy proceeding, the bankruptcy court made two determinations that are the primary subject of this appeal. First, the court ruled that the debtor failed to maintain his profit-sharing plan in substantial compliance with the applicable tax laws. This ruling meant that assets in the profit-sharing plan and two IRAs funded with plan assets were part of the bankruptcy estate, available to satisfy...

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