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IN RE MARCIANO

No. 11-60070.

708 F.3d 1123 (2013)

In re Georges MARCIANO, Debtor. Georges Marciano, Appellant, v. Steven Chapnick; Joseph Fahs; Elizabeth Tagle, Appellees, and David K. Gottlieb, Chapter 11 Trustee, Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed February 27, 2013.

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.

OPINION

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."

I.

In 2007, Georges Marciano sued five of...

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