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IN RE HART OIL & GAS, INC.

Case No. 12-13558 t11 Adv. No. 14-01138 t.

534 B.R. 35 (2015)

IN RE: HART OIL & GAS, INC., Debtor. Marilyn M. Smelcer, Plaintiff, v. Citizens Bank of Kilgore, Defendant.

United States Bankruptcy Court, D. New Mexico.

Signed July 2, 2015.

Attorney(s) appearing for the Case

Spencer Lewis Edelman , Modrall Sperling Roehl , Harris & Sisk PA, Douglas R. Vadnais , Albuquerque, NM, Kirk Allen Kennedy , The Kennedy Firm, Dallas, TX, for Plaintiff.

Gregory D. Binns , Katharine B. Clark , Gregory William Curry , Matthew Miles Mitzner , Thompson & Knight LLP, Dallas, TX, Nancy S. Cusack , Hinkle Shanor LLP, Santa Fe, NM, Scott A. Ritcheson , Ritcheson, Lauffer & Vincent, P.C., Tyler, TX, for Defendant.

MEMORANDUM OPINION

Before the Court is Defendant's motion to dismiss all claims in this adversary proceeding pursuant to Fed. R. Civ. P. 12(b)(1) or 12(b)(6). The matter has been fully briefed and argued. For the reasons set forth below, the Court will dismiss most of the claims...

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