PER CURIAM.
William B. Lumb (the "Debtor") appeals from a bankruptcy court order (the "Order") granting defendant Nahabet Cimenian's ("Cimenian") motion to dismiss the Debtor's complaint for failure to state a claim upon which relief may be granted. Cimenian has moved for fees and costs for a frivolous appeal. For the reasons set forth below, we
BACKGROUND
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