IN RE DUNBAR

No. 99-16814

245 F.3d 1058 (2001)

In re: Robert Wayne Dunbar, Debtor, In re: Kimberly Ann Dunbar, Debtor. Contractors' State License Board of California, Registrar of Contractors State of California, Department of Consumer Affairs, State of California, Appellants, v. Robert Wayne Dunbar, Kimberly Ann Dunbar, Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 4, 2001


Attorney(s) appearing for the Case

Maretta Denise Ward, Deputy Attorney General for the State of California, San Francisco, California, for the appellants.

David A. Boone and Edward Kunnes, San Jose, California, for the appellees.

John Rao, National Consumer Law Center, Boston, Massachusetts; Norma L. Hammes, Gold and Hammes, San Jose, California, for amicus National Association of Consumer Bankruptcy Attorneys.

Before: BETTY B. FLETCHER, DIARMUID F. O'SCANNLAIN and RONALD M. GOULD, Circuit Judges.


Argued and Submitted November 1, 2000 — San Francisco, California

BETTY B. FLETCHER, Circuit Judge:

We are asked to decide whether the decision of a state administrative law judge ("ALJ") regarding the scope of the automatic stay in bankruptcy precludes consideration of the issue by the federal bankruptcy court. We hold that pursuant to Gruntz v. County of Los Angeles (In re Gruntz),

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