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Re: None

Friday, 05/27/2011 12:37:11 PM

Friday, May 27, 2011 12:37:11 PM

Post# of 6451
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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