MEMORANDUM
JOHN C. COOK, Bankruptcy Judge.
This adversary proceeding is before the court on the defendant's motion to dismiss Counts I, III, IV, V, and VI of the plaintiff's complaint. The court has reviewed the motion and the supporting and responsive briefs and, for the reasons stated below, will grant the motion in part and deny it in part.
I.
When presented with a motion to dismiss for failure to state a claim upon which relief...
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