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Legal Opinion

McCrary v. Barrack (In Re Barrack)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided January 30, 1998No. BAP No. SC-96-2196-ORyR, Bankruptcy No. 95-07783-B7, Adversary No. 95-90572PublishedCited by 48 opinions

1Opinion of the Court

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 which may be brought under both § 523(a)(2) and § 523(a)(6). 1 We herein AFFIRM the bankruptcy. comb’s dismissal of the’ § 523(a)(6) claim on the…

2Cases cited38 opinions

  1. Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
  2. Hishon v. King & SpaldingSupreme Court of the United States · 1984
  3. Field v. MansSupreme Court of the United States · 1995
  4. Barbara Doty, and All Other Persons Similarly Situated v. County of Lassen, and Ronald D. Jarrell as Sheriff, and IndividuallyCourt of Appeals for the Ninth Circuit · 1994
  5. Bankr. L. Rep. P 70,524 in Re Cloyd W. Devers and Barbara Devers, Debtors. Cloyd W. Devers and Barbara Devers v. Bank of Sheridan, MontanaCourt of Appeals for the Ninth Circuit · 1985

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3Cited by48 opinions

  1. Barnes v. Belice (In Re Belice)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  2. In Re Peter Bogdanovich & Louise Hoogstratten Bogdanovich, Debtors. Gerald Schneiderman, Aly Spencer, and Barry Spencer v. Peter Bogdanovich & Louise Hoogstratten Bogdanovich, Debtors-AppellantsCourt of Appeals for the Second Circuit · 2002
  3. In Re: Shmuel E. Gulevsky, Debtor. Blake Berkson v. Shmuel E. GulevskyCourt of Appeals for the Seventh Circuit · 2004
  4. Weiss v. Alicea (In Re Alicea)United States Bankruptcy Court, S.D. New York · 1999
  5. Wachovia Securities, LLC v. Jahelka (In Re Jahelka)United States Bankruptcy Court, N.D. Illinois · 2010

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