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IN RE SAENZ

Bankruptcy No. 13-70423. Adversary No. 13-07028.

516 B.R. 423 (2014)

In re Humberto SAENZ, Jr.; fdba Pizza Patron Inc.; fdba Estrella Ventures, Inc. dba Pizza Patron; aka Saenz; fdba Armar Enterprises Inc., Delma Jean Saenz, Debtor(s). International Bank of Commerce, Plaintiff(s) v. Humberto Saenz, Jr., et al., Defendant(s).

United States Bankruptcy Court, S.D. Texas, McAllen Division.

Signed August 8, 2014.

Attorney(s) appearing for the Case

Antonio Villeda , Attorney at Law, McAllen, TX, for Debtor.

MEMORANDUM OPINION

MARVIN ISGUR, Bankruptcy Judge.

On March 7, 2014, Humberto Saenz, Jr. filed a motion to dismiss International Bank of Commerce's ("IBC") Complaint for Determination of Non-Dischargeable Debt. (Case No. 13-7028, ECF No. 1). IBC fails to state a direct fraud claim for an exception to discharge under § 523(a)(2). IBC also fails to state a derivative fraud claim under § 523(a)(2).

IBC may be given an opportunity to...

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