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IN RE HAYES

Bankruptcy No. 07-50874-C. Adversary No. 07-5080-C.

372 B.R. 287 (2007)

In re John HAYES, Individually, and D/B/A Cedar Ridge Development, D/B/A Cedar Ridge Homes, Inc., and D/B/A Cedar Ridge Mortgage, Debtor. Reynaldo Casarez, Robert Elizondo, Belinda Elizondo, Roger Espinosa, Tracy Espinosa, Jeffrey Hogg, Alicia Hogg, Charles Lopez, Therese Lopez, Samuel Pena, Sylvia Pena, Robert Sanchez, Nina Sanchez, Eric Stoneburner, Danielle Stoneburner, Edward Trinidad, Patricia Trinidad, Grayson Welch, and Carla Welch, Plaintiffs, v. John Hayes, Individually, and D/B/A Cedar Ridge Development, D/B/A Cedar Ridge Homes, Inc., and D/B/A Cedar Ridge Mortgage, Defendant.

United States Bankruptcy Court, W.D. Texas, San Antonio Division.

July 17, 2007.

Attorney(s) appearing for the Case

Robert P. Wilson, Boerne, TX, for Plaintiffs.

Martin Warren Seidler, San Antonio, TX, for Defendant.

ORDER DENYING MOTION TO DISMISS

LEIF M. CLARK, Bankruptcy Judge.

CAME ON for consideration the foregoing matter. Defendant claims that the plaintiffs have failed to plead fraud with particularity, such that the complaint should be dismissed. The complaint attaches and incorporates a copy of the plaintiffs' state court lawsuit. That pleading, in turn, details what the plaintiffs claim are facts sufficient to support claims of fraud, violations of the Texas...

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