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IN RE BIAGGIO

Case No. 08-30991 TEC, Adv. Proc. No. 12-3065 TEC.

In re WILLIAM JAMES DEL BIAGGIO, III, aka "BOOTS" DEL BIAGGIO, Chapter 11, Debtor. LIQUIDATING TRUST COMMITTEE OF THE DEL BIAGGIO LIQUIDATING TRUST, Plaintiff, v. DAVID FREEMAN, Defendant.

United States Bankruptcy Court, N.D. California.

November 8, 2012.

MEMORANDUM DECISION RE SUBORDINATION OF FREEMAN CLAIM

THOMAS E. CARLSON, Bankruptcy Judge.

David Freeman (Freeman) asserts a general unsecured claim in the amount of $38,632,075. The Official Creditors Committee (the Committee) contends in this action that Freeman's claim should be subordinated under section 510(b) of the Bankruptcy Code. The Committee now moves for summary judgment. I determine that Freeman's claim must be subordinated, and that it is not...

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