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IN RE MITAN

No. 07-1915.

573 F.3d 237 (2009)

In re Kenneth M. MITAN, Debtor. Frank J. Mitan, Plaintiff-Appellant, v. Leonard Duval, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 17, 2009.

Attorney(s) appearing for the Case

ON BRIEF: Keith J. Mitan, Mitan & Associates, West Bloomfield, Michigan, for Appellant. Mark R. Fox, Fraser Trebilcock Davis & Dunlap, P.C., Lansing, Michigan, Erika D. Hart, Dean R. Nelson, Jr., Charles J. Taunt & Associates, PLLC, Birmingham, Michigan, for Appellees.

GIBBONS, J., delivered the opinion of the court, in which STAMP, D. J., joined. CLAY, J. (pp. 248-51), delivered a separate dissenting opinion.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Creditor Frank J. Mitan ("Frank"), the father of debtor Kenneth J. Mitan ("Kenneth"), appeals from the order of the district court converting Kenneth Mitan's bankruptcy case from Chapter 11 to Chapter 7 nunc pro tunc to February 9, 2004. Frank argues that the bankruptcy court was without power to issue a retroactive order converting the bankruptcy estate. In this issue of first impression, we hold that under...

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