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IN RE BERG

No. 96-16672. BAP No. 95-01537-RMuMe

230 F.3d 1165 (2000)

In re: Jerome BERG, Debtor. Jerome Berg, Appellant, v. Good Samaritan Hospital, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 23, 2000.

Attorney(s) appearing for the Case

Jerome Berg, Law Offices of Jerome Berg, San Francisco, California, Pro Se.

Mike C. Buckley, Crosby, Heafey, Roach & May, Oakland, California, for the appellee.

Before: D.W. Dorothy W. NELSON, DAVID R. THOMPSON, and TROTT, Circuit Judges. Stephen S. Trott, Circuit Judges.

Argued and Submitted October 3, 2000 — San Francisco, California

TROTT, Circuit Judge:

Debtor Jerome Berg ("Berg") appeals from the decision of the Ninth Circuit Bankruptcy Appellate Panel ("BAP" or "the Panel") affirming a decision of the bankruptcy court. The Panel held that an award of attorneys' fees imposed as a sanction for frivolous conduct in litigation is not subject to the automatic stay imposed by 11 U.S.C. § 362(a) when a debtor files...

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