Opinion
No. 06-0652-cv.
April 11, 2007.
UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED AND DECREED that the judgment of the United States District Court for the Northern District of New York (Kahn, J.) be and hereby is AFFIRMED.
Peter J.W. Sherwin, Proskauer Rose LLP (Douglas C. Rennie, Jonathan Galler, of counsel), New York, New York, for Plaintiff-Appellant.
Christian H. Dribusch, Albany, New York, for Defendant-Appellee.
SUMMARY ORDER
Plaintiff-appellant Kristin Keeffe appeals from a decision of the United States District Court for the Northern District of New York, Keeffe v. Natalie, 337 B.R. 11 (N.D.N.Y. 2006) (" Keeffe I"), affirming an unreported decision of the Bankruptcy Court (Littlefield, B.J.), granting defendant-appellee Toni Natalie summary judgment and dismissing Keeffe's claims. We presume the parties' familiarity with the facts and procedural background of the case and with the issues on appeal.
Revocation of a bankruptcy discharge is an extraordinary remedy, and the party seeking it "has the burden of proving the facts upon which revocation is conditioned by the statute." In re Popovich, 105 F.2d 154, 155 (2d Cir. 1939). Keeffe's submission of tax warrants purporting to show that Blue Crystal was generating a profit post-petition, without explanation or interpretative guidance provided to the court, was insufficient to carry this burden.
For this foregoing reason, we AFFIRM the judgment of the district court.