IN RE FRANKLIN

No. 84-6237.

802 F.2d 324 (1986)

In re Herman J. FRANKLIN and Mary L. Franklin, Debtors. BENEFICIAL TRUST DEEDS, Herbert L. Baron, Milton Golden, Irene Golden, and Silvia Falk, Plaintiffs-Appellees, v. Herman J. FRANKLIN and Mary L. Franklin, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided October 10, 1986.


Attorney(s) appearing for the Case

Andrew E. Smyth, Los Angeles, Cal., for defendants-appellants.

Caprice L. Collins, Kathy Kane, Los Angeles, Cal., for plaintiffs-appellees.

Before SCHROEDER and HALL, Circuit Judges, and BROWNING, District Judge.


CYNTHIA HOLCOMB HALL, Circuit Judge:

This case presents the question of whether a bankruptcy court retains jurisdiction to construe its own orders when a declaratory judgment action is filed in the district court after the dismissal of the underlying bankruptcy proceeding.

I

The facts of this case provide a striking example of how, on occasion, debtors attempt to misuse the bankruptcy mechanism and to delay and stall creditors from exercising their...

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