IN RE GOLDEN PLAN OF CALIFORNIA

BAP No. EC 82-1241 EAbAs, Bankruptcy Nos. 282-00571-D-11 to 282-00574-D-11, Adv. No. 282-0593.

36 B.R. 95 (1984)

In re GOLDEN PLAN OF CALIFORNIA, Debtor. Melvyn J. CoBEN, Trustee, Appellee, v. Jeffrey APLAND, et al., Appellants.

United States Bankruptcy Appellate Panels Ninth Circuit.

Decided January 17, 1984.


Attorney(s) appearing for the Case

John J. Conneely, Thomas M. Peterson, Brobeck, Phleger & Harrison, San Francisco, Cal., for appellants.

Cooper & Shaffer, W. Austin Cooper, Mark Gorton, Sacramento, Cal., for appellee.

Before ELLIOTT, ABRAHAMS and ASHLAND, Bankruptcy Judges.


OPINION

ELLIOTT, Bankruptcy Judge:

Appellants appeal from a restraining order issued by the bankruptcy judge.

We hold that Rule 65, Fed.R.Civ.Pro. (incorporated into Bankruptcy Rule 765) is fully applicable and governs the issuance of restraining orders and injunctions, and reverse the order appealed from.

FACTS

The trustee of the debtors filed a complaint against the appellants and others on April 23, 1982. On April 26, 1982 the...

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