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Partners Leonard M. Shulman and Eric P. Francisconi obtained a final award in arbitration in excess of $1.1 million.

Partners Leonard M. Shulman and Eric P. Francisconi obtained a final award in arbitration in excess of $1.1 million. The Firm’s client, half-owner of a profitable gas station, convinced the arbitrator that the client did not receive all of the profits of the business owed to him, and that monies owed to him were improperly withheld. When the initial award did not contain prejudgment interest, the Firm successfully petitioned the arbitrator to add prejudgment interest to the final award.


An article in Law360 featured a case in which Eric P. Francisconi, a partner of the firm, represents one of the former owners of two defunct oil processing sites in the Los Angeles

An article in Law360 featured a case in which Eric P. Francisconi, a partner of the firm, represents one of the former owners of two defunct oil processing sites in the Los Angeles that has asked a federal judge to approve a settlement in excess of $7.6 million to clean the contaminated soil and bring an end to nearly 25 years of litigation. Mr. Francisconi co-filed the application to confirm the terms of a settlement reached after numerous days of mediation.


Partner Eric P. Francisconi completed the settlement of a complex suit between the Firm’s client

Partner Eric P. Francisconi completed the settlement of a complex suit between the Firm’s client, who refurbishes, operates, and re-sells multi-unit residential buildings in the Los Angeles area, and its former partner and lender. The matter, which settled after several in-person settlement conferences in the Norwalk Superior Court, concerned numerous properties and entities and a dispute in accounting in which the litigants had widely divergent view of what amounts were owed to one another. In resolving the matter after lengthy and tenacious settlement efforts, the parties were able to avoid months of litigation and an expensive and time-consuming trial.


The Firm Prevails in Ninth Circuit Affirming Settlement Order

The Firm’s Melissa Lowe prevailed in front of the Ninth Circuit Court of Appeals to uphold the Bankruptcy Appellate Panel’s (“BAP”) and Bankruptcy Court’s decisions to approve a global settlement the Firm negotiated. The Firm represents a Chapter 7 trustee in the case and was able to negotiate a settlement which resulted in full payment to general unsecured creditors and allowed the aged case to move to be closed. The debtor appealed the approval of the settlement to the BAP, who affirmed, and then to the Ninth Circuit but the Firm prevailed and the order approving the settlement was upheld.


BAP Affirms Firm’s Objection to Homestead Exemption

The Firm prevailed in an appeal to the Bankruptcy Appellate Panel (“BAP”) regarding an objection to a debtor’s homestead exemption. Despite the debtor having not lived in the property for over 5 years, and the debtor having signed a document agreeing to the sale of the property or the purchase of her interest in the property, the debtor claimed a homestead exemption in the same property. The Firm, on behalf of the Chapter 7 trustee, objected to the exemption on the basis that the property was not the debtor’s residence. After a one day trial in the bankruptcy court, the bankruptcy court sustained the Trustee’s objection. The debtor appealed and after briefing and oral argument in front of the 3 judge panel, the bankruptcy court’s ruling was affirmed by the BAP.


The Firm Confirms a Chapter 11 Plan to Pay Creditors in Full

The Firm, led by James C. Bastian, Jr. and Melissa Lowe, confirmed a plan of reorganization for individual debtors just 9 months after the case was filed. The plan will pay creditors in full once disputed claims are resolved.


In re NTD Architects, Inc., Case No. 2:14-bk-16883-BR

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Bay Area Financial Corporation, Case No.: 2:13-bk-38794-TD

This website is intended to comply with the duties imposed on creditors’ committees per Bankruptcy Code Section 1102(b)(3)

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In re Transact, Inc., Case No.: 8:07-11443-ES

Shulman Bastian Friedman & Bui LLP obtained a significant victory at trial representing the Chapter 7 trustee for the bankruptcy estate of In re Transact, Inc., Case No. 8:07-11443-ES, pending in the United States Bankruptcy Court for the Central District of California, Santa Ana division. Partner and lead counsel for the bankruptcy estate, Robert Huttenhoff, prevailed following a seven (7) day bench trial. The Bankruptcy Court awarded the bankruptcy estate a …

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Kittrich Corporation v. Davis, Case No.: 2:12-ap-01771-ER

On August 6, 2013, the United States Bankruptcy Court for the Central District of California, Los Angeles Division granted Plaintiff’s Motion for Summary Judgment which sought non-dischargeability of a state judgment for misappropriation of trade secrets for over a million dollars. The Firm, led by John Mark Jennings and Ryan O’Dea, successfully argued that a state court judgment for misappropriation of trade secrets squarely meets all requisite requirements for non-dischargeability …

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Genutec v. Danna, et al., Case No.: 07CC07918

In March 2013, after a trial lasting nearly five months, the Orange County Superior Court awarded over $9 million in damages to Shulman Bastian Friedman & Bui LLP client, Genutec Business Solutions, Inc. Genutec is a provider of emergency notification and voice broadcasting services. In early 2005, Genutec was profitable and its prospects looked bright. However, in September 2005, Genutec made an ill-conceived acquisition, purchasing a company called Smart Development for $14 …

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In re Laguna Village Owners’ Association, Inc., Case No.: 8:10-bk-24033 RK

Laguna Village Owners’ Association, Inc., a California non-profit corporation (“LVOA”) filed for bankruptcy protection of October 1, 2010. On December 21, 2010, LVOA filed its Notice of Motion and Debtor and Debtor in Possession’s Motion for Order (1) Approving Settlement and Compromise of Disputes with AV Builder Corp., and (2) Authorizing Special Homeowner Assessment to Fund the Settlement Payments to AV Builder Corp (“Settlement Motion”).

At a hearing held on June …

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In re Rucker, Case No.: 8:06-bk-10195-RK

Debtor’s Request for Judicial Notice in Support of his Motion for Reconsideration of Order Granting the Chapter 7 Trustee’s Motion for Order (1) Approving Compromise of Controversy, (2) Granting Relief from Stay, and (3) Approving Abandonment of Estate Interest in Non-Exempt Assets Effective Upon Condition Subsequent.

This document will be available until 1/25/11.

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In re Ezri Namvar, Case No.: 2:08-32349-BR

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In re Boundary Bay Capital LLC, Case No.: 8:11-bk-14298-RK

This website is intended to comply with the duties imposed on creditors’ committees per Bankruptcy Code Section 1102(b)(3)

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