IN RE HIGH VOLTAGE ENGINEERING CORP.

No. 07-2589.

544 F.3d 315 (2008)

In re HIGH VOLTAGE ENGINEERING CORPORATION et al., Reorganized Debtors. Stephen S. Gray, Liquidating Trustee, Plaintiff, Appellant, v. Evercore Restructuring, L.L.C., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 6, 2008.


Attorney(s) appearing for the Case

Michael J. Venditto, with whom Mark L. Weyman, Reed Smith LLP, George W. Tetler III, Mark W. Powers, and Bowditch & Dewey, LLP were on brief, for appellant.

Joseph G. Blute, with whom Kevin M. McGinty, Nancy D. Adams, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., Mark Thompson, Elisha D. Graff, and Simpson Thacher & Bartlett LLP were on brief, for appellee Evercore Restructuring, L.L.C.

Bruce H. Schneider, with whom Stroock & Stroock & Lavan LLP, Christopher J. Panos, and Craig and Macauley Professional Corporation were on brief, for appellee Stroock & Stroock & Lavan LLP.

John J. Curtin, Jr., Sabin Willett, Rheba Rutkowski, Francesca L. Miceli, and Bingham McCutchen LLP on brief for appellee Fried, Frank, Harris, Shriver & Jacobson LLP.

Andrew Z. Schwartz, Adam M. Weisberger, Foley Hoag LLP, Robert J. Rosenberg, James Brandt, Alexandra A.E. Shapiro, Henry P. Baer, Jr., and Latham & Watkins LLP on brief for quondam appellee Jefferies & Co.

Before HOWARD and SELYA, Circuit Judges, and Stafford, District Judge.


SELYA, Circuit Judge.

A seventeenth-century parable teaches that "[f]or want of a nail ... the kingdom was lost."1 Now, as then, the lesson to be learned is that small omissions can have large consequences. This appeal illustrates the point.

On March 1, 2004, High Voltage Engineering Corporation (HVE) and certain affiliates commenced voluntary Chapter 11 cases pursuant to 11 U.S.C. § 301. These filings created for each debtor...

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