IN RE KOEBERER

BAP No. NC-21-1078-FBS Bk. No. 20-10514.

632 B.R. 680 (2021)

IN RE: Bradley Edward KOEBERER and Nancy Louise Koeberer, Debtors. Bradley Edward Koeberer; Nancy Louise Koeberer, Appellants, v. California Bank of Commerce; Timothy W. Hoffman, Chapter 7 Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed November 18, 2021.


Attorney(s) appearing for the Case

Thomas Philip Kelly, III, Santa Rosa, argued for appellants;

Kevin E. Fusch of French Lyon Tang, Oakland, argued for appellee California Bank of Commerce.

Before: FARIS, BRAND, and SPRAKER, Bankruptcy Judges.


OPINION

INTRODUCTION

The bankruptcy court found that appellee California Bank of Commerce (the "Bank") violated the automatic stay when it took certain postpetition steps in a prepetition action against chapter 71 debtors Bradley Edward Koeberer and Nancy Louise Koeberer and...

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