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IN RE WELSH

No. 12-60009.

711 F.3d 1120 (2013)

In re David C. WELSH and Sharon N. Welsh, Debtors, Robert G. Drummond, Chapter 13 Trustee, Appellant, v. David C. Welsh and Sharon N. Welsh, Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 25, 2013.

Attorney(s) appearing for the Case

Robert G. Drummond, Great Falls, MT, for Appellant/Trustee.

Edward A. Murphy, Murphy Law Offices, PLLC, Missoula, MT, for Appellees/Debtors.

Tara Twomey, National Consumer Bankruptcy Rights Center, San Jose, CA, for amicus curiae.

Before: KENNETH F. RIPPLE, STEPHEN S. TROTT, and RICHARD A. PAEZ, Circuit Judges.

OPINION

RIPPLE, Senior Circuit Judge:

David and Sharon Welsh filed a Chapter 13 bankruptcy petition in the United States Bankruptcy Court for the District of Montana. The Trustee objected to the Welshes' proposed plan on the ground that it was not proposed in good faith. The bankruptcy court overruled the objection, and the Trustee appealed to the Bankruptcy Appellate Panel for the Ninth Circuit ("BAP"). A divided panel of the BAP affirmed the decision of...

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