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IN RE WALLACE

BAP No. NO-03-024, Bankruptcy No. 02-00073-M, Adversary No. 02-0197-M.

298 B.R. 435 (2003)

In re Stephen Paul WALLACE, doing business as Wallace Real Estate Company, doing business as River Oaks Associates, doing business as Wallace Investments, Debtor. Patrick J. Malloy, III, Trustee, Plaintiff-Appellee, v. Stephen Paul Wallace, Trustee for the Stephen Paul Wallace Irrevocable Trust (Trust), Defendant-Appellant, v. Ronald J. Saffa, Reece Morrel, and David Fist, Third-Party-Defendants-Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

September 8, 2003.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Kenneth L. Peacher, Oklahoma City, OK, for Defendant-Appellant.

Patrick J. Malloy III of Malloy & Malloy, Inc., Tulsa, OK, for Plaintiff-Appellee.

Before McFEELEY, Chief Judge, McNIFF, and THURMAN, Bankruptcy Judges.

OPINION

MCFEELEY, Chief Judge.

Stephen Paul Wallace, Appellant/Debtor ("Wallace") appeals an order of the bankruptcy court of the Northern District of Oklahoma that granted a default judgment to Appellee Patrick J. Malloy, III ("Malloy"). Wallace argues that the bankruptcy court erred when it found that he had failed to file an Answer. Wallace further contends that the court abused its discretion when it granted Malloy's "Motion for a Nunc Pro Tunc

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