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IN RE STERN

Nos. 00-56431, 00-56526.

317 F.3d 1111 (2003)

In re Steven H. STERN, Debtor, David A. Gill, Chapter 7 Trustee, Appellant, v. Steven H. Stern, Appellee. In re Steven H. Stern, Debtor, Steven H. Stern, Appellant, v. David A. Gill, Chapter 7 Trustee, Appellee. and Dove Audio, Inc., Plaintiff.

United States Court of Appeals, Ninth Circuit.

Filed February 4, 2003.

Attorney(s) appearing for the Case

Richard D. Burstein, Danning, Gill, Diamond & Kollitz, Los Angeles, CA, for the appellant.

David R. Weinstein (argued), Sharon Z. Weiss (briefed), Weinstein, Eisen & Weiss, Los Angeles, CA, for the appellees.

Before ALARCÓN, SILVERMAN and RAWLINSON, Circuit Judges.

OPINION

RAWLINSON, Circuit Judge.

David A. Gill, Bankruptcy Trustee ("Trustee"), appeals the district court's decision affirming the bankruptcy court's order, which granted summary judgment in favor of the debtor Steven Stern ("Stern"). Stern cross-appeals the district court's determination that Stern's pension plan funds are not excluded from the bankruptcy estate.

Stern filed for bankruptcy after the...

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