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CONRAD v. BANK OF AMERICA

Docket No. C016482.

45 Cal.App.4th 133 (1996)

ROBERT L. CONRAD et al., Plaintiffs and Appellants, v. BANK OF AMERICA, NATIONAL TRUST AND SAVINGS ASSOCIATION, et al., Defendants and Respondents.

Court of Appeals of California, Third District.

April 9, 1996.

Attorney(s) appearing for the Case

COUNSEL

Eisen & Johnston, Jay-Allen Eisen, Marian M. Johnston, Karen Leaf, Ann Perrin Farina, Seaman, Seaman & Ostwald, Mitchell S. Ostwald, Blackman & Blackman and Peter A. Blackman for Plaintiffs and Appellants.

Kristian D. Whitten, Arne D. Wagner, Michael J. Halloran, Weintraub, Genshlea & Sproul, Audrey A. Millemann, Crosby, Heafey, Roach & May, Peter W. Davis and Kathy M. Banke for Defendants and Respondents.

OPINION

SPARKS, J.

In Oneida Motor Freight, Inc. v. United Jersey Bank (3d Cir.1988) 848 F.2d 414, the United States Court of Appeals for the Third Circuit held that a debtor's lender liability claims asserted against a bank in a postbankruptcy complaint were barred because the debtor failed to list those claims in the bankruptcy proceedings. The court concluded that the debtor "violated...

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