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IN RE BIRD

BAP No. UT-16-039, BAP No. UT-16-040 Bankr. No. 12-17345, Bankr. No. 15-29773.

577 B.R. 365 (2017)

IN RE John Thomas BIRD, Debtor. Gary E. Jubber, former Chapter 7 Trustee and Fabian Vancott, Counsel to the former Chapter 7 Trustee, Appellants, v. John Thomas Bird, Appellee. In re Brent David Christensen and Jo-Ann Hall Christensen, Debtors. Gary E. Jubber, former Chapter 7 Trustee and Fabian Vancott, Counsel to the former Chapter 7 Trustee, Appellants, v. Brent David Christensen and Jo-Ann Hall Christensen, Appellees. National Consumer Bankruptcy Rights Center and the National Association of Consumer Bankruptcy Attorneys, Amici Curiae.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

Filed November 30, 2017.

Attorney(s) appearing for the Case

Douglas J. Payne of Fabian VanCott ( David P. Billings with him on the briefs), Salt Lake City, Utah for Appellants Gary E. Jubber and Fabian VanCott.

Paul J. Toscano of Salt Lake City, Utah for Appellees John Thomas Bird, Brent David Christensen and Jo-Ann Hall Christensen.

Before MICHAEL, ROMERO, and HALL, Bankruptcy Judges.

Chapter 13

OPINION

The former Chapter 7 trustee and his counsel appeal the bankruptcy court's Memorandum Decision1 and related orders2 (together, the "Order") entered in two separate cases on the same legal issue with respect to analogous...

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