Attorney(s) appearing for the Case
Daniel J. McCarthy , Hill, Farrer & Burrill, LLP, Los Angeles, CA; Richard C. Macias and Sanford L. Frey , Creim Macias Koenig & Frey LLP, Los Angeles, CA, for Appellant/Chapter 11 Debtor.
Bradley E. Brook , Law Offices of Bradley E. Brook, Los Angeles, CA, for Appellees/Petitioning Creditors.
Jeremy V. Richards , Pachulski Stang Ziehl & Jones LLP, Los Angeles, CA, for Chapter 11 Trustee.
Before: SUSAN P. GRABER, SANDRA S. IKUTA, and ANDREW D. HURWITZ, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
HURWITZ, Circuit Judge:
This case presents a question of first impression in this court: Under § 303(b)(1) of the Bankruptcy Code, 11 U.S.C. § 303(b)(1), is an unstayed state judgment on appeal per se a "claim against [the debtor] that is not contingent as to liability or the subject of a bona fide dispute as to liability or amount?" Our answer to that question is "yes."
In 2007, Georges Marciano sued five of...
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