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IN RE SHERMAN

No. 03-56601.

441 F.3d 794 (2006)

In re Richard G. SHERMAN; In re Andrea Pearl Sherman, Debtors, Richard G. Sherman; Andrea Pearl Sherman, Appellants, v. Securities And Exchange Commission, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 23, 2006.

Attorney(s) appearing for the Case

Arthur A. Greenberg, Harold Gutenberg, and Don Lanson, Greenberg & Bass, Encino, CA, for the appellants.

Giovanni P. Prezioso, Jacob H. Stillman, Katharine B. Gresham, and Hope Hall Augustini, Securities and Exchange Commission, Washington, D.C., for the appellee.

Before: SIDNEY R. THOMAS and MARSHA S. BERZON, Circuit Judges, and JAMES C. MAHAN, District Judge.

BERZON, Circuit Judge.

Richard Sherman (Sherman) was the attorney for several defendants in an enforcement action brought by the Securities and Exchange Commission (SEC) and in other actions in which those defendants were parties. Sherman and his wife, Andrea Sherman, filed a Chapter 7 bankruptcy petition. The SEC brought a motion to dismiss the Shermans' Chapter 7 bankruptcy petition pursuant to 11 U.S.C. § 707(a), maintaining that there was "cause" for dismissal...

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