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IN RE BRYNER

BAP No. UT-09-048. Bankruptcy No. 08-26804. Adversary No. 08-02277.

425 B.R. 601 (2010)

In re Roger Scott BRYNER, Debtor. Roger Scott Bryner, Plaintiff-Appellant, v. L. Miles LeBaron, Mr. and Ms. Brandon Gillespie, Defendants-Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

March 15, 2010.

Attorney(s) appearing for the Case

Submitted on the briefs:* Roger Scott Bryner, pro se.

L. Miles LeBaron and Tyler J. Jensen of LeBaron & Jensen, P.C., Layton, UT, for Defendants-Appellees.

Before MICHAEL, BROWN, and KARLIN, Bankruptcy Judges.

OPINION

MICHAEL, Bankruptcy Judge.

In this appeal, we are asked to decide whether defendants in a state court action brought by a debtor in bankruptcy may take steps to defend themselves. Debtor says such actions are prohibited by the automatic stay provisions of 11 U.S.C. § 362. The defendants argue that actions taken to defend an action brought by a debtor are permissible. The bankruptcy court agreed with the defendants, dismissed the debtor's adversary...

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