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IN RE MERRICK

BAP No. CC-93-2344-VJH. Bankruptcy No. SB92-14393 DN. Adv. No. SB92-1411.

175 B.R. 333 (1994)

In re Barbara Leslie MERRICK, Debtor. Errol J. GORDON, Appellant, v. Robert S. WHITMORE, Chapter 7 Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided December 8, 1994.

Attorney(s) appearing for the Case

Arnold M. Johnson, Los Angeles, CA, for appellant.

Michelle C. Araneta, San Bernardino, CA, for appellee.

Before VOLINN, JONES and HAGAN, Bankruptcy Judges.

OPINION

VOLINN, Bankruptcy Judge:

A bankruptcy trustee sought sanctions against several state court defendants for willful violation of the automatic stay of 11 U.S.C. § 362(a) when the state court, after determining that defense issues were not affected by the automatic stay, granted the defendants' motion for a summary judgment, dismissed the lawsuit, and awarded them costs. The bankruptcy court ruled to the contrary, holding that the automatic...

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