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IN RE EMERY

No. 275, Docket 96-5121.

132 F.3d 892 (1998)

In re Claude EMERY, Debtor. CITIBANK, N.A., Plaintiff-Appellee, v. Claude EMERY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 5, 1998.

Attorney(s) appearing for the Case

Richard K. Bernstein, New York City, for defendant-appellant.

Marc A. Lebowitz, New York City (Zeichner Ellman & Krause, Robert M. Brill, Lee A. Weiss, of counsel), for plaintiff-appellee.

Before: WINTER, Chief Judge, FEINBERG, Circuit Judge, and BAER, District Judge.

FEINBERG, Circuit Judge:

Defendant Claude Emery appeals from an order of the United States District Court for the Eastern District of New York, Joanna Seybert, J., which reversed the holding of the bankruptcy court, Marvin A. Holland, J., that plaintiff-appellee Citibank, N.A. (Citibank) had failed to state a claim (based upon Emery's alleged fraud) for revocation of Emery's bankruptcy discharge. Citibank had obtained knowledge of the alleged fraud in the period after...

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