Rooz

MEMORANDUM **

William B. Rooz (“Rooz”) appeals the judgment of the Ninth Circuit Bankruptcy Appellate Panel (“BAP”) affirming the bankruptcy court’s dismissal of Rooz’s complaint in an 11 U.S.C § 523(a)(2)(A) adversary proceeding. We have jurisdiction pursuant to 28 U.S.C. § 158 , and we affirm. The parties are familiar with the facts of the case, so we repeat them here only to the extent necessary to explain our decision.

Despite being given four opportunities to amend his original complaint, Rooz has failed to state a claim for fraud. 1 With respect to Kimmel’s allegedly fraudulent promise to pay Rooz $400 per month, the Fourth Amended Complaint does not allege how Rooz relied on this promise. For example, the Fourth Amended Complaint does not allege that Rooz agreed to forego further execution on the judgment if Kim-mel made the promised payments or that Rooz was precluded from doing so. It also does not allege that Kimmel promised not to file for bankruptcy relief as a means of dealing with Rooz’s debt.

Rooz’s contention that Kimmel and his wife, Roberta Kimmel, engaged in a continuing fraudulent scheme to frustrate Rooz’s collection efforts similarly fails. “In all…