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IN RE BRACE

No. 17-60032.

979 F.3d 1228 (2020)

IN RE Clifford Allen BRACE, Jr., Debtor, Clifford Allen Brace, Jr., Individually and as the Trustee of The Crescent Trust dated July 30, 2004; Anh N. Brace, individually and as The Trustee of The Crescent Trust dated July 30, 2004, Appellants, v. Steven M. Speier, Chapter 7 Trustee, Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn November 8, 2018.

Resubmitted November 2, 2020 Pasadena, California.

Filed November 9, 2020.

Attorney(s) appearing for the Case

Stephen R. Wade (argued), Law Offices of Stephen R. Wade P.C., Claremont, California, for Appellants.

D. Edward Hays (argued), Matthew W. Grimshaw , and Judith E. Marshack , Marshack Hays LLP, Irvine, California, for Appellee.

Wayne A. Silver (argued), Law Office of Wayne A. Silver, Redwood City, California; Tara Twomey , National Consumer Bankruptcy Rights Center, San Jose, California; for Amici Curiae National Association of Consumer Bankruptcy Attorneys, and National Consumer Bankruptcy Rights Center.

Before: Consuelo M. Callahan and Jacqueline H. Nguyen, Circuit Judges, and David A. Ezra, District Judge.

OPINION

Chapter 7 debtor Clifford Brace, Jr. ("Brace") and his wife Anh Brace, a non-debtor, (collectively "Appellants") appeal the Bankruptcy Appellate Panel's ("BAP") order affirming the bankruptcy court's judgment in an adversary proceeding brought by Steven Speier, the Chapter 7 Trustee. We affirm in part and...

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