IN RE DEL MISSION LTD.

No. 95-55658.

98 F.3d 1147 (1996)

In re DEL MISSION LIMITED, Debtor. STATE OF CALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT; State of California State Board of Equalization, Appellants, v. Harold S. TAXEL, Trustee for Del Mission Limited, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 23, 1996.


Attorney(s) appearing for the Case

Richard W. Bakke, Deputy Attorney General, Los Angeles, CA, for appellants.

Jeffry A. Davis, Gray, Cary, Ware & Freidenrich, San Diego, CA, for appellee.

Before: FLETCHER and TASHIMA, Circuit Judges, and RESTANI, Court of International Trade Judge.


TASHIMA, Circuit Judge:

This appeal presents two important issues. First, we consider whether failing to return bankruptcy estate property in a timely manner constitutes a violation of the automatic stay provision of 11 U.S.C. § 362(a)(3). We conclude that it does. Next, we resolve whether a bankruptcy court may award fees and costs incurred in prior appellate proceedings as a contempt sanction under 11 U.S.C. § 105(a). We conclude that it may not.

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