Fuchs

Fuchs v. Perrillo

Good Law
40 F. App'x 605
United States Court of Appeals for the Ninth CircuitJuly 1, 2002No. 00-56373; BAP No. CC-99-01435-MaJKCalifornia332 words

Opinion

Lead Opinion

ORDER

■ This appeal is resubmitted for decision as of the date of this order.

*606 MEMORANDUM **

John Fuchs appeals the decision of the Bankruptcy Appellate Panel affirming a judgment entered against him by the bankruptcy court. We reverse and remand for further proceedings. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

The bankruptcy court decision was predicated on an interpretation of a California Court of Appeal decision involving the parties. Unfortunately, the California Court of Appeal decision was issued following the filing of the bankruptcy petition in the instant case, absent any order from the bankruptcy court lifting or modifying the automatic stay. See 11 U.S.C. § 362 . The automatic stay applies to appeals taken from judgments entered in actions originally filed against debtors. Ingersoll-Rand Fin. Corp. v. Miller Mining Co., 817 F.2d 1424, 1427 (9th Cir.1987). “[A]ctions taken in violation of the automatic stay are void.” Gruntz v. County of Los Angeles (In re Gruntz), 202 F.3d 1074, 1082 (9th Cir.2000) (en banc) (citing Schwartz v. United States (In re Schwartz), 954 F.2d 569, 571 (9th…

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