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IN RE MARRIAGE OF SPRAGUE & SPIEGEL-SPRAGUE

No. G030108.

129 Cal.Rptr.2d 261 (2003)

105 Cal.App.4th 215

In re MARRIAGE OF Thomas A. SPRAGUE and Toby SPIEGEL-SPRAGUE. Thomas A. Sprague, Respondent, v. Toby Spiegel-Sprague, Respondent; James C. Booth, Appellant.

Court of Appeals of California, Fourth District, Division Three.

January 9, 2003.

Attorney(s) appearing for the Case

Law Offices of James C. Booth and James C. Booth, Costa Mesa, for Appellant.

Law Offices of Elva C. Wallace and Elva C. Wallace, Anaheim, for Respondent Toby Spiegel-Sprague.

No appearance for Respondent Thomas A. Sprague.

OPINION

FYBEL, J.

We hold a creditor must obtain relief from the automatic bankruptcy stay to pursue a family law matter in state court when the family law matter is a core bankruptcy proceeding. Although the state court has concurrent jurisdiction with the bankruptcy court over family law matters, the bankruptcy court has exclusive jurisdiction to determine whether a family law matter that is a core bankruptcy proceeding is excepted from the automatic bankruptcy...

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