Legal Opinion
Mitan v. Duval
Court of Appeals for the Sixth Circuit
Decided July 17, 2009No. 07-1915PublishedCited by 51 opinions
1Opinion of the CourtGibbons, J., joined by Stamp, D. J.,
CLAY, J. (pp. 248-51), delivered a separate dissenting opinion.
OPINION
JULIA SMITH GIBBONS, Circuit Judge.
Creditor Frank J. Mitán (“Frank”), the father of debtor Kenneth J. Mitán (“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 the circumstances of this case the bankruptcy court did have the power to issue…
2Cases cited25 opinions
- Grinter v. KnightCourt of Appeals for the Sixth Circuit · 2008
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- Albany Partners, Ltd. v. Westbrook (In Re Albany Partners, Ltd.)Court of Appeals for the Eleventh Circuit · 1984
- Robert Lee Caver v. Dennis M. Straub, WardenCourt of Appeals for the Sixth Circuit · 2004
- In the Matter of Winshall Settlor's Trust, Julie Winshall, Trustee, Debtor-AppellantCourt of Appeals for the Sixth Circuit · 1985
20 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Meoli v. Huntington National Bank (In Re Teleservices Group, Inc.)United States Bankruptcy Court, W.D. Michigan · 2012
- Sullivan v. Harnisch (In Re Sullivan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
- In re Creekside Senior Apartments, L.P.Bankruptcy Appellate Panel of the Sixth Circuit · 2013
- In Re LeeBankruptcy Appellate Panel of the Sixth Circuit · 2012
- In Re Buttermilk Towne Center, LLCBankruptcy Appellate Panel of the Sixth Circuit · 2010
46 more not listed; retrieve them via the Exa API.