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IN RE BARRACK

Bankruptcy No. 95-07783-B7, Adv. No. 95-90572.

201 B.R. 985 (1996)

In re Stephen A. BARRACK and Elizabeth A. Barrack, Debtors. Patrick L. McCRARY, Trustee, Patrick L. McCrary Money Purchase Plan, Plaintiff, v. Stephen A. BARRACK and Elizabeth A. Barrack, Defendants.

United States Bankruptcy Court, S.D. California.

October 15, 1996.

Attorney(s) appearing for the Case

Patrick L. McCrary, La Mesa, CA, for Plaintiff.

Roy R. Withers, Richard S. Kolek, Withers & Goulding, San Diego, CA, for Defendants.

MEMORANDUM DECISION

PETER W. BOWIE, Bankruptcy Judge.

Patrick L. McCrary, as trustee for the Patrick L. McCrary Money Purchase Plan ("Plaintiff"), commenced this adversary proceeding to have its claim excepted from discharge. Stephen A. and Elizabeth A. Barrack, debtors and defendants herein ("Debtors") move this Court for an order dismissing the Plaintiffs second amended complaint for failure to state a claim upon which relief can be granted.

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