Legal Opinion

Hines v. Gordon (In Re Hines)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided April 5, 1996No. BAP SC-94-1893-AsOH. Bankruptcy 92-14001-H7PublishedCited by 17 opinions

1Opinion of the Court

OPINION

ASHLAND, Bankruptcy Judge:

Brenda F. Hines appeals an order of the bankruptcy court denying a motion for contempt against her former attorney, Robert L. Gordon, for willful violation of the automatic stay incurred by the postpetition cashing of two postdated personal checks and actions taken postpetition to collect the fees. We hold that: (1) the debt owed to Gordon was a prepetition dischargeable debt; (2) that Gordon was not entitled to payment on the debt; and (3) that his attempt to collect the debt was in violation of the automatic stay. We reverse and remand.

STATEMENT OF THE FACTS

T…

2Cases cited13 opinions

  1. In Re E. Gene Wade Joyzelle I. Wade, Debtors. E. Gene Wade Joyzelle I. Wade v. State Bar of ArizonaCourt of Appeals for the Ninth Circuit · 1991
  2. F & M Marquette National Bank v. Keith R. RichardsCourt of Appeals for the Eighth Circuit · 1985
  3. Wade v. State Bar of Arizona (In Re Wade)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
  4. Winchester v. Watson (In Re Winchester)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1984
  5. In Re Ronald Roete, Debtor (Appellee Below). Ronald Roete v. Charles Smith and Carol SmithCourt of Appeals for the Seventh Circuit · 1991

8 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Lockyer v. Mirant Corp.Court of Appeals for the Ninth Circuit · 2005
  2. In Re: Brenda F. Hines, Debtor. Robert L. Gordon v. Brenda F. HinesCourt of Appeals for the Ninth Circuit · 1998
  3. In Re KaitangianUnited States Bankruptcy Court, S.D. California · 1998
  4. In Re JastremUnited States Bankruptcy Court, E.D. California · 1998
  5. Thomas v. Money Mart Financial Services, Inc. (In Re Thomas)United States Bankruptcy Court, W.D. Missouri · 2004

12 more not listed; retrieve them via the Exa API.

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