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IN RE MARCECA

Bankruptcy Nos. 90 B 20782, 91 Adv. 6106A.

131 B.R. 774 (1991)

In re Robert K. MARCECA, Debtor. AMSAVE CREDIT CORPORATION, Plaintiff, v. Robert K. MARCECA, Defendant.

United States Bankruptcy Court, S.D. New York.

September 25, 1991.

Attorney(s) appearing for the Case

Graham & James, Attorneys, New York City, for plaintiff.

Haythe & Curley, New York City, for debtor.

DECISION ON DEBTOR'S MOTIONS TO DISMISS CLAIM I OF PLAINTIFF'S COMPLAINT AND TO STAY THE ADVERSARY PROCEEDING

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The Chapter 7 debtor, Robert K. Marceca, invokes Bankruptcy Rules 7012 and 7009 and Federal Rules 12(b)(6) and 9(b) for a dismissal of Claim I in the complaint filed by AmSave Credit Corporation ("AmSave") on the ground that Claim I parrots 11 U.S.C. § 727(a)(2) and fails to plead fraud with particularity...

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