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IN RE KENNERLEY

No. 91-16599.

995 F.2d 145 (1993)

In re Fred KENNERLEY, Debtor. Larry ALLRED, Plaintiff-Appellee, v. Fred KENNERLEY, aka Frederick L. Kennerley, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 2, 1993.

Attorney(s) appearing for the Case

Kenneth N. Rivera, Walnut Creek, CA, for defendant-appellant.

Lawrence G. Smith, Smith, Polson & Elstead, Pleasanton, CA, for plaintiff-appellee.

Before: SCHROEDER, PREGERSON, and D.W. NELSON, Circuit Judges.

D.W. NELSON, Circuit Judge:

After Fred Kennerley received a discharge under § 727 of the Bankruptcy Code (11 U.S.C. § 727),1 the bankruptcy court barred further state court proceedings against him. The bankruptcy court determined that the fraud claim at issue in the state court action had been discharged along with Kennerley's other debts because Larry Allred, the creditor, had failed to file a complaint of nondischargeability...

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