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IN RE: Clifford Allen BRACE (2021)

United States Court of Appeals, Ninth Circuit.2021-08-25No. No. 21-55153

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Opinion

MEMORANDUM **

Clifford Allen Brace, Jr. appeals pro se from the district courts order affirming the bankruptcy courts 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 courts decision on appeal from a bankruptcy court, and apply the same standard of review the district court applied to the bankruptcy courts 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 Braces contentions that the bankruptcy court lacked jurisdiction and that the bankruptcy judge was biased against him.

Braces motion for stay (Docket Entry No. 7) is denied.

AFFIRMED.