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IN RE BARRACK

BAP No. SC-96-2196-ORyR, Bankruptcy No. 95-07783-B7, Adversary No. 95-90572.

217 B.R. 598 (1998)

In re Steven A. BARRACK and Elizabeth A. Barrack, Debtors. Patrick L. McCRARY, Trustee, Patrick L. McCrary Money Purchase Plan, Appellant, v. Steven A. BARRACK and Elizabeth A. Barrack; United States Trustee; Harold S. Taxel, Chapter 7 Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided January 30, 1998.

Attorney(s) appearing for the Case

Patrick L. McCrary, La Mesa, CA, pro se appellant.

Richard S. Kolek, Withers and Goulding, San Diego, CA, for Stephen A. and Elizabeth Barrack.

Before: OLLASON, RUSSELL and RYAN, Bankruptcy Judges.

OPINION

OLLASON, Bankruptcy Judge.

OVERVIEW

Unsecured Creditor Patrick McCrary, trustee of the Patrick McCrary Money Purchase Plan ("McCrary"), appeals the bankruptcy court's final order denying leave to amend his nondischargeability complaint. McCrary also contends that the bankruptcy court erred by dismissing his second amended complaint on the grounds that it failed to state a claim. This appeal raises issues pertaining to the kind of allegations...

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