Dery v. Beacon Finance Co. (In re By-Rite Oil Co.)

MEMORANDUM OPINION AND ORDER

STEVEN W. RHODES, Bankruptcy Judge.

I

The defendants have filed a motion requesting the undersigned judge to recuse himself in this adversary proceeding, pursuant to 28 U.S.C. § 455(a). The defendants contend that certain prior rulings in the By-Rite Oil bankruptcy case suggest that the judge’s impartiality might reasonably be questioned in this adversary proceeding. The plaintiff opposes the motion.

The circumstances giving rise to the plaintiff’s complaint, as well as the prior rulings giving rise to defendants' motion to disqualify, are set forth in In re By-Rite…