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IN RE ROMAN

BAP No. SC-02-1019-MARYP. Bankruptcy No. 01-05834-LA7.

283 B.R. 1 (2002)

In re Rene ROMAN, Debtor. Eskanos & Adler, P.C., Appellant, v. Rene Roman, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed August 15, 2002.

Attorney(s) appearing for the Case

Barry Adler, Eskanos & Adler, Concord, CA, for Eskanos & Adler.

Michael G. Doan, Doan Law Offices, Carlsbad, CA, for Rene Roman.

Before: MARLAR, RYAN and PERRIS, Bankruptcy Judges.

OPINION

MARLAR, Bankruptcy Judge.

INTRODUCTION

The attorneys for the creditor bank ("Appellant") violated the automatic stay by filing a postpetition state court lawsuit against the debtor.1 Antagonism between the attorneys in this case then fueled unnecessary litigation, resulting in an award of attorneys' fees under § 362(h)2 and, alternatively, sanctions under §...

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