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Judge Montali

PG&E Corp., In re

Ruling: 
Trustee’s motion to dismiss granted as there was no reasonable likelihood of rehabilitationgiven $8 million uncollectible account receivable. (Bankr. D.P.R.)
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Commercial case opionion summary, case decided on August 16,2019, LexisNexis #1019-043

PG&E Corp., In re--PG&E Corp. v. FERC

Ruling: 
FERC does not have concurrent jurisdiction over motions to reject or assume executorycontracts. (Bankr. N.D. Cal.)
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Commercial case opionion summary, case decided on June 12,2019, LexisNexis #0819-058

PG&E Corp., In re

Ruling: 
Court denied creation of a committee not contemplated under the Bankruptcy Code torepresent ratepayer interests with respect to future rates. (Bankr. N.D. Cal.)
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Commercial case opionion summary, case decided on May 28,2019, LexisNexis #0819-046

Yellow Cab Coop., In re

Ruling: 
Trustee's claims against debtor's former accountant were subject to the in pari delicto defenseas § 541(a)(1) established that the estate's rights were no stronger than they were when actuallyheld by debtor. (Bankr. N.D. Cal.)
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Commercial case opionion summary, case decided on April 29,2019, LexisNexis #0719-017

Tsai Luan Ho, In re--Wirum v. Tsai Luan Ho

Ruling: 
Debtor's discharge was denied for failing to maintain adequate financial records from whichher financial condition could be determined. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on April 01,2019, LexisNexis #0619-043

Wong, In re--Tong v. Wong

Ruling: 
Debtor was not entitled to recover her fees incurred in defending nondischargeability actionas it was collateral to a contract rather than 'on a contract.' (Bnkr. N.D. Cal.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-014

Gabriel Techs. Corp., In re--Qualcomm Inc. v. North Water Intellectual Prop. Fund L.P. 3A

Ruling: 
Judicial estoppel did not apply as the creditor was prosecuting the instant action on behalf ofthe estate and any of its prior statements could not be visited upon it in its representativecapacity on behalf of the estate. (Bankr. N.D. Cal.)
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Commercial case opionion summary, case decided on December 26,2017, LexisNexis #0218-012

Elliott, In re--Elliott v. Pac. Western Bank

Ruling: 
Debtor could not avoid a transfer as the nonavoidable execution lien was already satisfied inpart prior to the petition date. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on December 09,2017, LexisNexis #0118-068

Gabriel Techs. Corp., In re--Qualcomm Inc. v. N. Water Intellectual Prop. Fund L.P. 3A

Ruling: 
Note purchase agreement entered into by the debtors and funders did not create an enforceable lien on settlement proceeds obtained by the trustee. (Bankr. N.D. Cal.)
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Commercial case opionion summary, case decided on December 04,2017, LexisNexis #0118-050

Kupfer, In re

Ruling: 
Court was required to determine the amount of fees and costs that were attributable tolitigating the lessors' claims against the debtors for future rent because those amounts werecapped. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on October 18,2017, LexisNexis #1117-099

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