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IN RE DUBLIN SECURITIES, INC.

Nos. 99-3337, 99-3344.

214 F.3d 773 (2000)

In re DUBLIN SECURITIES, INC., Debtor. Myron N. Terlecky, Trustee of the Consolidated Bankruptcy Estate of Dublin Securities, Inc., Dublin Management, Inc., & Dublin Stock Transfer, Inc., Plaintiff-Appellant, v. Sarah Helmer (99-3337); Helmer, Lugbill, Martins & Neff Company, LPA (99-3344), Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed June 7, 2000.

Attorney(s) appearing for the Case

Mark W. Iannotta (argued and briefed), Myron N. Terlecky (briefed), Strip, Fargo, Hoppers & Leithart, Columbus, OH, for Plaintiff-Appellant.

Frederick M. Morgan, Jr. (argued and briefed), Helmer, Martins & Morgan Co., Cincinnati, OH, Irving Harris (briefed), Harris, Harris, Field, Schacter & Bardach, Ltd., Cincinnati, OH, for Defendant-Appellee.

Before: MERRITT and DAUGHTREY, Circuit Judges; CAMPBELL, District Judge.

OPINION

MERRITT, Circuit Judge.

The facts in this bankruptcy statute of limitations case are not in dispute. Dublin Securities, Inc., the debtor in this case, filed a Chapter 11 bankruptcy petition in August 1993. Under 11 U.S.C. § 1107(a), Dublin Securities continued the operation of the business and served the bankruptcy estate as a debtor in possession. Nearly one year later the bankruptcy was converted...

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