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Judge Efremsky

Aviles, In re

Ruling: 
Company was entitled to recover embezzled funds plus prejudgment interest that was nondischargeable. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on November 30,2018, LexisNexis #0119-036

In re Nakhuda

Ruling: 
Debtor's attorney sanctioned for making unsupported arguments and failing to get original signatures on court filings.
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Consumer case opionion summary, case decided on April 27,2015, LexisNexis #0515-105

In re Fresh Choice LLC

Ruling: 
Debtor's counsel's failure to disclose that it was not disinterested was grounds for denial of fees and costs.
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Commercial case opionion summary, case decided on March 10,2014, LexisNexis #0614-002

Landis v. Mario M.S.B. Feusier (In re Mario M.S.B. Feusier)

Ruling: 
Case dismissed with five-year filing bar due to failures to disclose.
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Commercial case opionion summary, case decided on December 10,2013, LexisNexis #0114-026

In re North

Objector, the chapter 13 trustee, challenged the proposed confirmation of debtor's plan, set in a "chapter 20" context, asserting that the plan could not strip a second mortgage lien without debtor being granted a discharge. Debtor had received a chapter 7 discharge 2 and a half years prior, and she was not entitled to a discharge in the instant case.
Ruling: 
Debtor's plan could avoid wholly unsecured second lien and could not be confirmed until the lien was stripped.
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Consumer case opionion summary, case decided on October 15,2012, LexisNexis #1112-029

In re Avon Townhomes Venture

Debtor, an entity that was created to develop real property, declared bankruptcy and asked the court for permission to sell its sole asset: a parcel of partially-developed property in Lathrop, California. The court issued an order on July 30, 2010, which directed a real estate broker and a company the broker owned to respond to the court's preliminary decision to order the broker and his company to disgorge a commission they were paid.
Ruling: 
Real estate broker that had not obtained court permission to provide services to debtor ordered to disgorge commission.
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Commercial case opionion summary, case decided on October 15,2010, LexisNexis #1210-102

Mukherjee v. Sir (In re Sir)

After debtor filed a chapter 7 case, plaintiffs 1 and 2 filed an adversary complaint charging that debts owed to them on account of "investments" that they allegedly made in a business venture begun by debtor were excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(2)(A). At issue was whether the debts, in part or whole, arose out of such investments or arose out of debts associated with debtor's alleged addiction to gambling.
Ruling: 
Debts for "investments" given to debtor who was a compulsive gambler and lost funds were dischargeable.
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Consumer case opionion summary, case decided on May 26,2010, LexisNexis #0910-017

In re TVIA Inc.

Movant law firm filed a fee application under 11 U.S.C.S. § 330(a) seeking payment of $277,144 for fees and expenses incurred as counsel for a committee of equity security holders. The court issued a tentative ruling indicating its intent to disallow $ 87,713 in fees for various reasons, and then conducted a hearing to further examine the issue.
Ruling: 
Fee application allowed with reductions for charges for clerical tasks, excessive time and duplicative work.
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Commercial case opionion summary, case decided on September 11,2009, LexisNexis #1009-108

3dfx Interactive v. aVidia Corp. (In re 3dfx Interactive)

Plaintiff, the official committee of equity security holders of the debtor, brought claims against defendant a party which had contracted with the debtor, seeking to assume the allegedly executory contract and enforce it in conjunction with confirmation of the debtor's plan. The contracting party asserted that the contract was not executory and that the claim was time-barred. The parties filed cross-motions for summary judgment.
Ruling: 
Committee could not seek to assume "executory" contract after trustee had prosecuted a claim against the contracting party.
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Commercial case opionion summary, case decided on January 06,2009, LexisNexis #0309-097

In re 3dfx Interactive Inc.

Movants, the chapter 11 debtor's official committee of equity security holders and the United States Trustee, filed motions, pursuant to 11 U.S.C. § 1103(b) and Cal. R. Prof. Conduct 3-310, to disqualify a law firm as special counsel to the debtors'official committee of unsecured creditors (creditors'committee).
Ruling: 
Firm that represented chair of creditors' committee in fraudulent conveyance proceeding disqualified from acting as counsel to the committee.
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