Im no attorney however i do not see any victories here? 2nd opinions wellcome..
IV. Conclusion The motion will be granted as to all claims. The question is whether it should be without leave to further amend. The debtor has now had four opportunities to get it right and we do not seem any closer to anything upon which a claim might be stated. As to some of the claims the court is ready to conclude that further leave to amend is pointless and not warranted, such as the RICO, 10(b)-5 claim and the Section 17 theories. The same can be said as to theories which are merely derivative of these, or rely upon an argument that the damages arising from an involuntary petition is not pre-empted such as the Unfair Business Practices theory, or Interference With Prospective Advantage, etc. The court is less convinced as to the breach of contract theories, and so will consider argument.insert-text-here
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