The following excerpt is from Hazelrigg v. U.S. Tr. (In re Hazelrigg), Adv. No. 12-01966-TWD, BAP No. WW-13-1230-TaDJu, Bk. No. 11-22731-TWD (B.A.P. 9th Cir. 2013):
connection with the MSJ.7 The Debtor invoked the Fifth Amendment privilege per a blanket assertion in the first paragraph of the Subpoena Response; but, he did not assert or invoke the privilege in his MSJ Response; he did not submit a declaration or affidavit with the MSJ Response where he asserted or invoked the privilege; and he did not assert or invoke the privilege at the MSJ hearing. In sum, he never raised it in response to the 727(a)(5) claim. Therefore, we decline to consider this issue in connection with review of the MSJ. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009) (per curiam).
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