IN RE YUN

BAP No. CC-11-1595-DMkKi. Bankruptcy No. SV 10-18057 AA.

476 B.R. 243 (2012)

In re Man Soo YUN, Debtor. People of the State of California, by and through the California Corporations Commissioner, Appellant, v. Man Soo Yun; David Seror, Chapter 7 Trustee; United States Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided August 14, 2012.


Attorney(s) appearing for the Case

Erik Richard Brunkal, Esq. , Sacramento, CA, argued for Appellant, People of the State of California, by and through the California Corporations Commissioner; David Brian Lally, Esq. , Aliso Viejo, CA, argued for Appellee, Man Soo Yun.

Before: DUNN, MARKELL, and KIRSCHER, Bankruptcy Judges.


MEMORANDUM1

The California Corporations Commissioner ("Commissioner") moved for relief from the § 362(a)2 automatic stay to continue enforcement proceedings in the California Superior Court ("State Court Proceeding") against an individual chapter 7 debtor under the California Franchise Investment Law ("FIL"), Cal. Corp.Code § 31000 et seq. The bankruptcy...

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