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IN RE CARPENTER

BAP No. CC-96-1162-OHV, Bankruptcy No. LA-95-24756 BR, Adv. No. 95-03171 BR.

205 B.R. 600 (1997)

In re Shirley Jean CARPENTER, Debtor. Shirley Jean CARPENTER, Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as receiver for Mechanics National Bank, a National Banking Association; United States of America, by and through the Small Business Administration, an agency of the United States of America, Appellees.

United States Bankruptcy Appellate Panel, of the Ninth Circuit.

Decided February 14, 1997.

Attorney(s) appearing for the Case

Phillip R. Kimes, Irvine, CA, for Shirley Jean Carpenter.

Tomson T. Ong, Assistant U.S. Attorney, Los Angeles, CA, for U.S.A. (S.B.A.).

Gregory E. Gore, Washington, DC, for F.D.I.C.

Before: OLLASON, HAGAN and VOLINN, Bankruptcy Judges.

OPINION

OLLASON, Bankruptcy Judge:

Shirley Jean Carpenter ("Debtor") appeals the bankruptcy court's order dismissing her adversary proceeding with prejudice for failure to state a claim upon which relief could be granted. Debtor asserted state law and federal common law defenses against her guaranty which was enforced by the Federal Deposit Insurance Corporation ("FDIC") in its capacity as receiver for an...

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