Judge Montali

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

Golden Gate Cmty. Health, In re

Ruling: 
Severance claim was not entitled to priority as the vesting of the right to payment was outside the 180-day period prior to the bankruptcy. (Bankr. N.D. Cal.)
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Commercial case opionion summary, case decided on September 20,2017, LexisNexis #1017-098

Shvartsman, In re

Ruling: 
The IRS violated the automatic stay in re-recording the liens in the debtors' property. (Bankr.N.D. Cal.)
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Consumer case opionion summary, case decided on August 28,2017, LexisNexis #1017-014

Blue Earth, Inc., In re

Ruling: 
Request for reconsideration of order disallowing claim denied where creditor's interest was an equity interest rather than a debt. (Bankr. N.D. Cal.)
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Commercial case opionion summary, case decided on June 19,2017, LexisNexis #0717-096

Blue Earth, Inc., In re

Ruling: 
Debtor was not liable for damages arising from creditor's purchase of stock from an entity other than the debtor even if the debtor had been a party to an underlying subscription agreement. (Bankr. N.D. Cal.)
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Commercial case opionion summary, case decided on April 20,2017, LexisNexis #0517-095

In re Krow

Ruling: 
Creditors’ prosecution of breach of contract action violated the discharge injunction. (Bankr.N.D. Cal.)
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Consumer case opionion summary, case decided on October 11,2016, LexisNexis #1116-025

In re Arce Riverside LLC

Ruling: 
Debtor's and guarantors' attorneys' fees approved with reductions for duplicative or unnecessary work.
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Commercial case opionion summary, case decided on April 22,2016, LexisNexis #0516-071

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