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IN RE MILLER

BAP No. UT-02-082. Bankruptcy No. 02T-23053.

303 B.R. 471 (2003)

In re William C. MILLER, Debtor. William C. Miller, Appellant, v. United States Trustee; David L. Miller, Trustee; Beneficial Mortgage Company of Utah; Robert Cummings; Randy Sugihara; Craig Butters; Tom Gormley; Miller America, Inc.; SPS American Car Care Center; Frank L. Allred; Instant Cash Pawn & Loan; SS Auto Brokers, Inc.; Corey L. Ericksen; and Joseph Huey, Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

December 30, 2003.

Attorney(s) appearing for the Case

William C. Miller, pro se.

Duane H. Gillman of McDowell & Gillman, P.C., Salt Lake City, Utah (R. Mont McDowell with him on the brief), for Appellee, David L. Miller, Trustee.

Before McFEELEY, Chief Judge, NUGENT, and RASURE, Bankruptcy Judges.

OPINION

MCFEELEY, Chief Judge.

Debtor/Appellant, William C. Miller ("Appellant") appeals an order of the United States Bankruptcy Court for the District of Utah ("bankruptcy court") that denied Appellant's motion to convert his Chapter 7 case to one under Chapter 13 of the Bankruptcy Code on the grounds that there were circumstances indicating an abuse of process. Appellant argues that the bankruptcy court erred because in the statute governing conversion...

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