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IN RE KAGENVEAMA

No. 06-17083.

541 F.3d 868 (2008)

In re Laura F. KAGENVEAMA, Debtor. Edward J. Maney, Chapter 13 Trustee, Trustee-Appellant, v. Laura F. Kagenveama, Debtor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 5, 2008.

Amended June 23, 2008.

Attorney(s) appearing for the Case

Ronald L. Hoffbauer, Phoenix, AZ, for the appellant.

Andrew S. Nemeth, Phillips & Associates, Phoenix, AZ, for the appellee.

Edward Himmelfarb, Department of Justice, Washington, DC, amicus in support of the appellant.

M. Jonathon Hayes, Woodland Hills, California, and Tara Twomey, National Association of Consumer Bankruptcy Attorneys, Washington, DC, amicus in support of the appellee.

Opinion by Judge SILER; Partial Concurrence and Partial Dissent by Judge BEA.

ORDER AND AMENDED OPINION**

ORDER

The opinion in Maney v. Kagenveama, 527 F.3d 990 (9th Cir.2008) filed June 5, 2008, is amended as follows: insert <In re Pak, 378 B.R. 257, 267 (9th Cir.BAP 2007)> before <In re Jass, 340 B.R. 411, 415 (Bankr.D.Utah 2006...

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