MEMORANDUM-OPINION
JOAN A. LLOYD, Bankruptcy Judge.
This matter is before the Court on the Motion to Dismiss of Defendant Monticello Banking Company ("the Bank"). The Court considered the Bank's Motion and Memorandum of Law in Support of its Motion, the Response to the Motion to Dismiss of Plaintiff/Trustee Mark H. Flener ("Trustee"), the Bank's Reply to the Trustee's Response and the comments of
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