IN RE MIRZAI

BAP No. CC-98-1195-KJP. Bankruptcy No. ND-93-11060-RR.

236 B.R. 8 (1999)

In re Nader MIRZAI, Debtor. Hill & Sandford, LLP, Appellant, v. Nader Mirzai, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided June 29, 1999.


Attorney(s) appearing for the Case

Michael L. Sandford, Hill & Sandford, Santa Barbara, CA, for Hill & Sandford, LLP, for appellants.

Melbourne Weddle, Santa Barbara, CA, for Nader Mirzai, appellees.

Before: KLEIN, JONES and PERRIS, Bankruptcy Judges.


OPINION

KLEIN, Bankruptcy Judge.

This is an appeal from a judgment entered in compliance with a prior bankruptcy appellate panel decision reversing a fee award. The appellant contends that the bankruptcy court did not have authority to enter judgment because there was then pending a timely appeal to the court of appeals from our prior panel's decision. We agree and REVERSE.

FACTS

The facts present the obverse of our recent decision...

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