Robert A. Sears, Ch. 11, BK10-40275 (Mar. 24, 2016)
After a trial on a creditor's motion to appoint a Chapter 11 trustee, with a joinder by the U.S. Trustee, the court granted the motion, finding clear and convincing evidence that such an appointment is warranted under subsections (1) and (2) of 11 U.S.C. § 1104(a). The court identified the debtor's "vendetta" against family members who were more interested in protecting their own financial interests than in helping him reorganize as an obstacle to the debtor in possession's ability to exercise his fiduciary duties and to act in the estate's best interests.