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IN RE MARCIANO

BAP No. CC-11-1008-DMkKi. Bankruptcy No. SV 11-10426-VK.

459 B.R. 27 (2011)

In re Georges MARCIANO, Debtor. Georges Marciano, Appellant, v. Joseph Fahs, Steven Chapnick, and Elizabeth Tagle, Appellees.

United States Bankruptcy Appellate Panel, of the Ninth Circuit.

Decided September 15, 2011.

Attorney(s) appearing for the Case

Daniel J. McCarthy, Hill, Farrer & Burrill LLP, Los Angeles, CA, for Georges Marciano.

Bradley E. Brook, Law office of Badley E. Brook, Los Angeles, CA, for Steven Chapnick, Joseph Fahs, Elizabeth Tagle.

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

OPINION

DUNN, Bankruptcy Judge.

The bankruptcy court adopted a per se rule that, even though they were on appeal, unstayed California judgments entered against the alleged debtor following terminating sanctions for discovery abuses in state court litigation constituted claims that were not subject to bona fide dispute for purposes of entering an order for relief under § 303.1 Accordingly, the judgment creditors were...

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