Jett

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

In re: SETH E. SICROFF,  Debtor,

STEPHEN C. JETT,

Plaintiff-Appellant, No. 03-15610 v.  D.C. No.

CV-02-00975-LKK

SETH E. SICROFF,

Defendant-Appellee, OPINION and

OFFICE OF THE UNITED STATES

TRUSTEE,

Trustee.  Appeal from the United States District Court for the Eastern District of California Lawrence K. Karlton, Senior Judge, Presiding

Argued and Submitted May 12, 2004—San Francisco, California

Submission Withdrawn May 27, 2004 Resubmitted February 9, 2005

Filed March 23, 2005

Before: Diarmuid F. O’Scannlain, Eugene E. Siler,* and Michael Daly Hawkins, Circuit Judges.

*The Honorable Eugene E. Siler, Senior United States Circuit Judge for the Sixth Circuit, sitting by designation.

3525 3526 IN RE: SICROFF Opinion by Judge O’Scannlain 3528 IN RE: SICROFF

COUNSEL

Randall L. Wiens, Law Offices of Randall L. Wiens, Sacra- mento, California, for the petitioner.

Daniel P. Whaley, Law Office of Daniel P. Whaley, Sacra- mento, California, for the respondent.

OPINION

O’SCANNLAIN, Circuit Judge:

We must decide…