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IN RE VINEYARD NAT. BANCORP

Bankruptcy No. 2:10-BK-21661RN. Adversary No. 2:10-AP-01815RN.

508 B.R. 437 (2014)

In re VINEYARD NATIONAL BANCORP, Debtor. Bradley Sharp, As Liquidating Trustee of the Liquidating Trust of Vineyard National Bancorp, Plaintiff and Counter-Defendant, v. Federal Deposit Insurance Corporation, in its capacity as receiver for Vineyard Bank, National Association, Defendant and Counter-Plaintiff.

United States Bankruptcy Court, C.D. California, Los Angeles Division.

Signed March 28, 2014.

Attorney(s) appearing for the Case

Jon L. Dalberg , Rodger M. Landau , Landau Gottfried & Berger LLP, William R. Shafton , Winston & Strawn LLP, Rolf S. Woolner , Los Angeles, CA, for Plaintiff and Counter-Defendant.

David A. Kettel , John W. Kim , Joshua D. Wayser , Katten Muchin Rosenman , Los Angeles, CA, Hydee J. Mulichak , Newport Beach, CA, for Defendant and Counter-Plaintiff.

MEMORANDUM OF DECISION AFTER TRIAL ON (i) COUNT IV OF THE COMPLAINT; AND (ii) COUNT I OF THE AMENDED COUNTERCLAIM

RICHARD M. NEITER, Bankruptcy Judge.

INTRODUCTION

Bradley Sharp, as Liquidating Trustee of the Liquidating Trust of Vineyard National Bancorp ("Plaintiff"), commenced this action on May 5, 2010 raising five claims for relief that seek to disallow the claim of Defendant and Counter-Plaintiff FDIC-R ("Defendant" or "FDIC...

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