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In re Tri-State Ethanol Company LLC

Bankr. No.: 
03-10194
Chapter: 
7
Date of Decision: 
September 1, 2006
Issue: 
Upon a motion for recusal filed by a party in interest, (1) whether the Court should recuse itself under 28 U.S.C. § 455(a) or 455(b)(1) or the Due Process Clause of the Fifth Amendment of the United States Constitution? (2) whether the party’s request for recusal was timely?
Ruling: 
The party’s motion for recusal was denied. (1) Grounds for recusal under § 455(a), § 455(b)(1), or the Due Process Clause of the Fifth Amendment were not found. (2) The party in interest’s motion for recusal was untimely.
Full Bankruptcy Court Decision: 
Appeal Summary: 
In In re Tri-State Ethanol Company LLC, 369 B.R. 481 (D.S.D. 2007), the district court affirmed the bankruptcy court’s denial of the motion for recusal. Because the motion was untimely, the Court of Appeals affirmed the district court. Tri-State Financial, LLC v. Lovald, 525 F.3d 649 (8th Cir. 2008), cert. denied, 129 S. Ct. 630 (2008).
Full Bankruptcy Appellate Panel/District Court Appeal Opinion: 
Full Eighth Circuit Court of Appeals Opinion: