IN RE SMITH

Docket Nos. 10-1565-bk (L), 10-1655-bk (con).

645 F.3d 186 (2011)

In re Richard A. SMITH, Debtor. Richard A. Smith, Carole Ann Caruso, and Nelsi Smith, Appellants, v. Kenneth P. Silverman and Liberty Mutual Insurance Company, Appellees.

United States Court of Appeals, Second Circuit.

Decided: May 20, 2011.


Attorney(s) appearing for the Case

Thomas J. McGowan , Meltzer, Lippe, Goldstein & Breitstone, LLP, Mineola, NY, for appellants.

Anthony C. Acampora , Silverman Acampora LLP, Jericho, NY, for appellee Kenneth P. Silverman.

Carolyn K. Fiorello ( David Westermann, Jr. , on the brief), Uniondale, NY, for appellee Liberty Mutual Insurance Company.

Before: WINTER, JOHN M. WALKER, JR., and CABRANES, Circuit Judges.


PER CURIAM.

Richard A. Smith ("Smith" or "debtor"), his wife Nelsi Smith, and his sister Carole Ann Caruso (jointly, "appellants"), seek to reopen debtor's Chapter 7 bankruptcy case for the purpose of pursuing an adversary proceeding against Kenneth P. Silverman ("Silverman" or "trustee"), who was the Chapter 7 trustee of debtor's estate, and Liberty Mutual Insurance Company ("Liberty"), one of the trustee's bondholders. The United States Bankruptcy Court for the...

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