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IN RE BEATY

No. 01-56576.

306 F.3d 914 (2002)

In re Thomas R. BEATY and Nancy Z. Beaty, Debtors, Thomas R. Beaty, Appellant, v. David Selinger, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 26, 2002.

Attorney(s) appearing for the Case

Thomas B. Gorrill, San Diego, CA, for debtors-appellants Thomas R. Beaty and Nancy Z. Beaty.

David Selinger, Oceanside, CA, in Pro Se, for the appellee.

Before FERNANDEZ, WARDLAW and W. FLETCHER, Circuit Judges.

Opinion by Judge WILLIAM A. FLETCHER; Concurrence by Judge FERNANDEZ.

OPINION

WILLIAM A. FLETCHER, Circuit Judge.

We are presented in this case with a question of first impression: does the doctrine of laches apply to nondischargeability complaints brought under 11 U.S.C. § 523(a)(3)(B) and Federal Rule of Bankruptcy Procedure 4007(b)? When unscheduled creditor David Selinger sought a determination of the dischargeability of his state court...

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