(B.A.P. 6th Cir. June 22, 2015)
The bankruptcy appellate panel affirms the bankruptcy
court's order denying the debtor's motion to remove the
chapter 11 trustee and its order denying the chapter 11
trustee's motion for instructions. The debtor failed to present
proof of any undisclosed conflicts, incompetency, or wrong doing on
the part of the trustee, and thus the bankruptcy court held there
was no cause to remove the trustee. The appellate court holds there
is no indication that the bankruptcy court abused its discretion in
making this decision. The court also affirms the denial of the
trustee's motion for instructions. The trustee asked for
instructions as to whether to continue to make payments to the
debtor after he had been barred from operating the business. The
court holds that this decision should be made by the trustee, as it
deals with the day-to-day operations of the debtor's business
and the bankruptcy court should not weigh in on such
