In Re Theodore A. Kolb, Debtor. Robert M. Cassel, on Behalf of This Chapter 11 Estate v. Hilde Kolb, Trustee Jonathan Kolb Richard Kolb Douglas Kolb
Opinion
Opinion
Cowen, J.
ORDER AND AMENDED OPINION
ORDER
The Opinion filed on March 3, 2003, and appearing at 321 F.3d 868 (9th Cir.2003), is amended as follows:
Substitute “Uniform Disclaimer of Transfers Act” for “Uniform Transfers Act” at the following: slip Opinion page 2946, lines 14, 16,18; slip Opinion page 2946, footnote 6, lines 1 and 6; slip Opinion page 2947, footnote 7, line 5; and slip Opinion page 2948, lines 21-22.
The panel has voted to deny Appellees’ petition for panel rehearing. Judge Cow-en has recommended denying the petition for rehearing en banc and Judges Hawkins and Fletcher have voted to deny the en banc petition.
The full court has been advised of the petition for rehearing en banc and no active Judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.
The Petition for Panel Rehearing and for Rehearing En Banc is DENIED.
OPINION
Robert M. Cassel (“Cassel”) appeals the order of the District Court, which affirmed the order of the Bankruptcy Court granting summary judgment in favor of the appellees Hilde Kolb, Jonathan Kolb, Richard Kolb, and Douglas Kolb on Cassel’s adversary proceeding. Cassel argues that both courts erred in holding that a…