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IN RE FINDLEY

BAP No. NC-07-1187-KJuMk. Bankruptcy No. 04-41110. Adversary No. 06-04180.

387 B.R. 260 (2008)

In re John William FINDLEY, III, Debtor. John William Findley, III, Appellant, v. State Bar of California, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Submitted after Post-Argument Briefing on March 17, 2008.

Filed April 7, 2008.

Attorney(s) appearing for the Case

John William Findley, III, Oxnard, CA, Pro se.

Kevin W. Coleman, Schnatder, Harrison, Segal & Lewwis, LLP, San Francisco, CA, for State Bar of California.

Before: KLEIN, JURY, and MARKELL, Bankruptcy Judges.

OPINION

KLEIN, Bankruptcy Judge.

The issue is whether California's 2003 amendment of its Business and Professions Code ("Bus. & PROF.CODE") § 6086.10 designating attorney discipline cost awards as "penalties" legislatively reversed the result of the Ninth Circuit decision in State Bar v. Taggart (In re Taggart), 249 F.3d 987 (9th Cir.2001). The Taggart decision established that such awards are compensatory...

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