Legal Opinion

Demos v. Brown (In Re Graves)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided May 30, 2002No. BAP No. AZ-01-1207-KPB, Bankruptcy No. 00-11579-PHX-EWHPublishedCited by 29 opinions

1Opinion of the Court

OPINION

KLEIN, Bankruptcy Judge.

We are asked to harness the proper procedure for exercising the authority under 11 U.S.C. § 110(j) to enjoin a bankruptcy petition preparer from preparing petitions.

Although we AFFIRM the trial court’s ruling that an injunction action under § 110(j) is a core proceeding in which there is no right to trial by jury, we REVERSE and REMAND the denial of the post-hearing motion for relief mainly because there was inadequate notice that an injunction would be considered.

Facts

Paul Demos, a lawyer admitted to practice in the District of Columbia 1 but not Arizona, is a…

2Cases cited22 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
  3. Memphis Light, Gas & Water Division v. CraftSupreme Court of the United States · 1978
  4. United Food & Commercial Workers Union Local 751 v. Brown Group, Inc.Supreme Court of the United States · 1996
  5. In Re Steven Gregory Bammer, Debtor. James M. Murray v. Steven Gregory BammerCourt of Appeals for the Ninth Circuit · 1997

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

3Cited by29 opinions

  1. Eskanos & Adler, P.C. v. Roman (In Re Roman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  2. In Re DoserUnited States Bankruptcy Court, D. Idaho · 2002
  3. Sheridan v. Michels (In Re Sheridan)Court of Appeals for the First Circuit · 2004
  4. Educational Credit Management Corp. v. Repp (In Re Repp)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
  5. In Re RoseUnited States Bankruptcy Court, E.D. Tennessee · 2004

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

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