IN RE GRAVES

BAP No. AZ-01-1207-KPB, Bankruptcy No. 00-11579-PHX-EWH.

279 B.R. 266 (2002)

In re Carla Thomas GRAVES, Debtor. Paul Thomas Demos, II, Appellant, v. Russell Brown, Chapter 13 Trustee; United States Trustee; and Carla Thomas Graves, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed May 30, 2002.


Attorney(s) appearing for the Case

Paul Thomas Demos, II, Phoenix, AZ, appellant pro se.

Russell Brown, Trustee, Phoenix, AZ, appellee pro se.

Before: KLEIN, PERRIS and BRANDT, Bankruptcy Judges.


OPINION

KLEIN, Bankruptcy Judge.

We are asked to harness the proper procedure for exercising the authority under 11 U.S.C. § 110(j) to enjoin a bankruptcy petition preparer from preparing petitions.

Although we AFFIRM the trial court's ruling that an injunction action under § 110(j) is a core proceeding in which there is no right to trial by jury, we REVERSE and REMAND the denial of the post-hearing motion for relief mainly because there...

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