IN RE LEVEL PROPANE GASES, INC.

Nos. 08-8100, 08-8101.

422 B.R. 93 (2010)

In re LEVEL PROPANE GASES, INC. et al., Debtors. Ohio Truck & Trailer, Inc., Appellant, v. Level Propane Gases, Inc. et al., Appellees. TAL Financial Services, Appellant, v. Level Propane Gases, Inc. et al., Appellees.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided and Filed: February 1, 2010.


Attorney(s) appearing for the Case

ARGUED: David C. Eisler, Medina, Ohio, for Appellants. Mark A. Phillips, Benesch, Friedlander, Coplan & Aronoff LLP, Cleveland, Ohio, for Appellees. ON BRIEF: David C. Eisler, Medina, Ohio, for Appellants. Mark A. Phillips, Benesch, Friedlander, Coplan & Aronoff LLP, Cleveland, Ohio, for Appellees.

Before: FULTON, McIVOR and, RHODES, Bankruptcy Appellate Panel Judges.


OPINION

STEVEN RHODES, Bankruptcy Appellate Panel Judge.

The appellants seek reversal of the bankruptcy court's order denying their motions to vacate several key orders in the underlying bankruptcy case. The appellants argue that all of the orders were procured through a "fraud on the court." The Panel concludes that appellant, Ohio Truck & Trailer, Inc., lacks standing because it is not a creditor. The Panel further concludes that the challenged orders...

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