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IN RE: Clifford Allen BRACE, Jr., Debtor, Clifford Allen Brace, Jr., Appellant, v. Steven M. Speier, Chapter 7 Trustee, Appellee.
MEMORANDUM **
Clifford Allen Brace, Jr. appeals pro se from the district court's order affirming the bankruptcy court's July 22, 2020 civil contempt order against Brace. We have jurisdiction under 28 U.S.C. § 158(d)(1). We review de novo a district court's decision on appeal from a bankruptcy court, and apply the same standard of review the district court applied to the bankruptcy court's decision. Christensen v. Tucson Estates, Inc. (In re Tucson Estates, Inc.), 912 F.2d 1162, 1166 (9th Cir. 1990). We affirm.
The bankruptcy court did not abuse its discretion in finding Brace in civil contempt for violating the automatic stay because the trustee showed by clear and convincing evidence that Brace knew of the automatic stay and refused to cure his violation. See Knupfer v. Lindblade (In re Dyer), 322 F.3d 1178, 1191 (9th Cir. 2003) (a party seeking an order of contempt has the burden to show by clear and convincing evidence that the contemnor violated the automatic stay (citation and internal quotation marks omitted)).
We reject as without merit Brace's contentions that the bankruptcy court lacked jurisdiction and that the bankruptcy judge was biased against him.
Brace's motion for stay (Docket Entry No. 7) is denied.
AFFIRMED.
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Docket No: No. 21-55153
Decided: August 25, 2021
Court: United States Court of Appeals, Ninth Circuit.
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