IN RE HINES

BAP No. SC-94-1893-AsOH. Bankruptcy No. 92-14001-H7.

198 B.R. 769 (1996)

In re Brenda F. HINES, Debtor. Brenda F. HINES, Appellant, v. Robert L. GORDON, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided April 5, 1996.


Attorney(s) appearing for the Case

Harold Shilberg, San Diego, CA, for Appellant.

Don E. Bokovoy, San Diego, CA, for Appellee.

Before: ASHLAND, OLLASON, and HAGAN, Bankruptcy Judges.


OPINION

ASHLAND, Bankruptcy Judge:

Brenda F. Hines appeals an order of the bankruptcy court denying a motion for contempt against her former attorney, Robert L. Gordon, for willful violation of the automatic stay incurred by the postpetition cashing of two postdated personal checks and actions taken postpetition to collect the fees. We hold that: (1) the debt owed to Gordon was a prepetition dischargeable debt; (2) that Gordon was not entitled to...

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