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IN RE FINE DIAMONDS, LLC

Case No. 09-10492 (REG). Adversary Proceeding No. 09-01033 (REG).

501 B.R. 159 (2013)

In re: FINE DIAMONDS, LLC, Debtor. Gregory Messer, as Chapter 7 Trustee of Fine Diamonds, LLC, Plaintiff, v. Peykar International Co., Inc., Mitch Peykar and Mehran Peykar, Defendants.

United States Bankruptcy Court, S.D. New York.

Filed October 11, 2013.

Attorney(s) appearing for the Case

Wilk Auslander LLP, Counsel for Plaintiff Gregory Messer, Chapter 7 Trustee, 1515 Broadway, 43rd Floor, New York, New York 10036, By: Eric J. Snyder, Esq., Alan D. Zuckerbrod, Esq.

Sean E. Stanton, Esq.,1 Counsel for Defendants Peykar Intl., Mitch Peykar, & Mehran Peykar, 1799 Lexington Avenue, New York, New York 10029, By: Sean E. Stanton, Esq.

Chapter 7

DECISION AFTER TRIAL

ROBERT E. GERBER, Bankruptcy Judge.

Introduction

In this adversary proceeding under the umbrella of the chapter 11 case of Fine Diamonds LLC ("Fine Diamonds"), chapter 7 Trustee Gregory Messer (the "Trustee"), pursuant to section 542 of the Bankruptcy Code, seeks the return (or a cash judgment for the value) of diamonds worth more than $37 million that had been entrusted...

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