George

ORDER AND AMENDED OPINION

ORDER

The opinion filed on August 15, 2002 [ 298 F.3d 1160 ] is amended as follows:

Slip Opinion, p. 12005, ¶ 1 [298 F.3d at 1161], delete the last sentence in the paragraph and replace with the following:

Slip Opinion, pp. 12010-11[298 F.3d at 1164], §§ C and III, delete both sections entirely and replace with the following:

C. Request for Attorneys’ Fees and Double Costs

OPINION

Debtors James and Margie George contend that the bankruptcy court did not have jurisdiction to dismiss their 42 U.S.C. § 1983 takings claim, and that the dismissal was incorrect as a matter of law. The defendants, the City of Morro Bay and numerous city officials, move for attorneys’ fees and double costs for defending a frivolous appeal. We affirm the Bankruptcy Appellate Panel’s dismissal of all federal claims.

I

In 1987, debtors entered into a lease with the city for certain nonresidential real property. See In re George, 177 F.3d 885, 886 (9th Cir.1999). In 1994, debtors filed a petition for protection under Chapter 11. Id. at 887 . They did not assume or reject the lease of the property within 60 days of the petition, as required by 11 U.S.C. § 365 (d)(4). 2 Id.…