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.