In Re E. Gene Wade Joyzelle I. Wade, Debtors. E. Gene Wade Joyzelle I. Wade v. State Bar of Arizona
Opinion
Opinion
E. Gene Wade and Joyzelle I. Wade appeal from the judgment of the Bankruptcy Appellate Panel (“BAP”) of the Ninth Circuit. The main issue on appeal is whether the disciplinary proceedings brought against Mr. Wade by the State Bar of Arizona are excepted from the automatic stay under 11 U.S.C. § 362 (b)(4). The BAP held that such proceedings are excepted. Wade v. State Bar of Arizona (In re Wade), 115 B.R. 222 (9th Cir.BAP 1990). We affirm.
E. Gene Wade, an attorney and a member of the Arizona Bar, and his wife Joy-zelle Wade filed a Chapter 11 bankruptcy petition on October 1, 1987. On October 2, 1987, the Bar initiated disciplinary proceedings against Mr. Wade alleging that he had violated certain ethical rules promulgated by the Arizona Supreme Court. On June 9, 1988, the Bar filed a motion for relief from the automatic stay imposed under 11 U.S.C. § 362 (a)(1). This is a case of first impression, and the Arizona Bar apparently does not routinely find it necessary to file such motions. What prompted the motion in this case is not clear from the record.
In its motion the Bar argued that the disciplinary proceedings against Mr. Wade were proceedings brought by a governmental…