In Re: Ampal - American Israel Corporation
| Ampal - American Israel Corporation |
| Yosef A. Maiman and Merhav (M.N.F.) Limited |
| Alex Spizz |
| 1:2015cv06569 |
| August 19, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Katherine Polk Failla |
| Appeal |
| 28 U.S.C. ยง 0158 |
| None |
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Filing
17
OPINION AND ORDER: The instant appeal is predicated on the fundamental misperception that what is in Appellants' interest is also in the estate's interest. Particularly given the facts and procedural history outlined above, that simply is not the case. Cf. In re Fletcher Int'l, Ltd., 536 B.R. 551, 562 (S.D.N.Y. 2015) ("First, Appellant's interest and the estate's interest are not identical. Appellant is one of many individuals asserting a claim to a portion o f the estate. The Trustee's obligation, and that of his appointed professionals, is to make decisions in the best interest of the estate's creditors and investors as a whole, not to do what is best for Appellant alone."). And whil e Appellants' professed concerns about estate professionals "switching sides" in the middle of a bankruptcy may be appropriate as a general matter, they are not implicated here. The Trustee may have changed firms, but he has not ch anged his positions or his mode of representing the estate, both of which have frequently brought him in conflict with Appellants. The Bankruptcy Court, which was in the very best position to observe the proceedings, saw no reason to remove the Tr ustee (or to deny him the professional assistance that he sought) and many reasons to keep him. This Court agrees. The judgment of the Bankruptcy Court is affirmed in all respects, and the appeal is dismissed. The Clerk of Court is respectfully directed to close the case. (Signed by Judge Katherine Polk Failla on 7/18/2016) (tn)
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