IN RE PAVELICH

BAP No. CC-98-1386-KJB, Bankruptcy No. 92-11499-MJ.

229 B.R. 777 (1999)

In re Julius Jacob PAVELICH; Muriel Beth Pavelich, Debtors. Julius Jacob Pavelich and Muriel Beth Pavelich, Appellants, v. McCormick, Barstow, Sheppard, Wayte & Carruth LLP and State Center Plaza, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided January 21, 1999.

As Amended February 22, 1999.


Attorney(s) appearing for the Case

Jon H. Lieberg, Temecula, CA, for Julius and Muriel Pavelich.

Scott M. Reddie, McCormick, Barstow, Sheppard, Wayte & Carruth, Fresno, CA, for McCormick, Barstow and State Center Plaza.

Before KLEIN, JONES and BRANDT, Bankruptcy Judges.


OPINION

KLEIN, Bankruptcy Judge.

The question in this appeal is whether a state court judgment can be collaterally attacked, or enjoined in enforcement, in federal court on the theory that it is void as violative of the bankruptcy discharge. We conclude that the bankruptcy court does have jurisdiction to enforce the discharge in the face of a contrary state court judgment. The bankruptcy court's holding that it lacks such jurisdiction is REVERSED.

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