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United States Ninth Circuit


MCGHAN v. RUTZ, 99-56956

State courts lack 1) jurisdiction to determine whether a listed and scheduled creditor received adequate notice of discharge proceedings and 2) authority to modify bankruptcy court orders discharging a claim and enjoining collection on a debt; bankruptcy court was required to reopen proceedings to protect jurisdiction over enforcement of its own orders.

Appellate Information

  • Argued 05/10/2001
  • Decided 05/07/2002
  • Published 05/07/2002

Judges

  • FISHER, Circuit Judge., Before: McKEOWN and FISHER, Circuit Judges, and HAGEN, District Judge.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • John C. Tobin, Hanover & Schnitzer, San Bernardino, CA, for the debtor-appellant.

  • For Appellees:
  • William J. Light, David B. Felsenthal, Law Offices of Todd Rash, Riverside, CA, for the appellee.
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