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IN RE LAPIN

BAP No. CC-98-1033-BSJ, Bankruptcy No. LA 96-50259 ER.

226 B.R. 637 (1998)

In re Al LAPIN, Jr., Debtor. FRANCHISE TAX BOARD, of the State of California, Appellant, v. Al LAPIN, Jr., Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided October 16, 1998.

Attorney(s) appearing for the Case

Anthony Sgherzi, Office of the Attorney General, Los Angeles, CA, for the State of California, Franchise Tax Board.

Mona S. Amer, Greenberg, Glusker, Fields, Clamin & Machtinger, Los Angeles, CA, for Al Lapin, Jr.

Before BRANDT, SNYDER, and JONES, Bankruptcy Judges.

OPINION

BRANDT, Bankruptcy Judge.

OVERVIEW

The California Franchise Tax Board (CFTB) appeals the bankruptcy court's order rejecting CFTB's sovereign immunity defense and finding CFTB in contempt of the discharge order and imposing sanctions. We REVERSE.

FACTUAL BACKGROUND

Debtor Al Lapin, Jr. ("Lapin" or "Debtor") filed a petition for relief under Chapter 72 on 4 December 1996. Lapin listed CFTB as...

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