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IN RE FERNANDEZ-LOPEZ

Bankruptcy No. 180-01263, Adv. No. 182-1086, BAP No. EC-82-1428-AsEV.

37 B.R. 664 (1984)

In re Jimmy Thomas FERNANDEZ-LOPEZ, Marsha Kay Fernandez-Lopez, Debtors. Jimmy Thomas FERNANDEZ-LOPEZ, Plaintiff/Appellant, v. Pat FERNANDEZ-LOPEZ, and Gary A. O'Neil, Defendants/Appellees.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided March 27, 1984.

Attorney(s) appearing for the Case

Roger D. Randall, Goldberg, Fisher, Randall & Quirk, Bakersfield, Cal., for plaintiff/appellant.

Gary A. O'Neil, Bakersfield, Cal., for defendants/appellees.

OPINION

VOLINN, Bankruptcy Judge:

Debtor appeals from the denial by the bankruptcy court of an injunction against a creditor who, after bankruptcy, sued and took a judgment in state court on a discharged pre-bankruptcy debt. The general issue in this appeal is whether appellant's assertion of a bankruptcy discharge as a defense in a state court action seeking recovery on a pre-bankruptcy debt and his subsequent filing of a notice of appeal to the California...

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