Opinions

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The District of Arizona offers a database of opinions for the years 2014 to current, listed by year and judge.

Holding: Mr. Campbell and the community property of the Debtors shall be liable to PMM in an amount to be determined later under Section 523(a)(4) as a result of the embezzlement by Mr. Campbell of funds invested by PMM Investments, LLC. The Court denies any relief to the Plaintiff under Section 523(a)(2)(A).

Holding: The IRS' motion to vacate the order confirming the Debtor's plan of reorganization is denied.

Holding: The issues before the Court all relate to acts by agents of a liquidating trustee implementing a confirmed plan of reorganization. Defendants have filed a motion to dismiss the Plaintiffs’ adversary complaint for many reasons, three of which are dispositive. First, most of the counts are barred by res judicata. Second, most of the Defendants’ acts complained of are protected by quasi-judicial immunity. Third, those and the remaining claims violate F.R.Civ.P. Rules 8 and 9. Accordingly, the Motion to Dismiss is granted.

Holding: The Liquidating Trustee has sued the Fortes for an avoidable preference, and the Fortes have moved to dismiss. The threshold issue here is whether the confirmed plan of reorganization released the preference claim against the Fortes, or whether it adequately preserved that claim for assertion by the Liquidating Trust. Motion to dismiss is granted.

Holding: the Court concludes that Mr. Cook has not provided a basis to be compensated as counsel for the Debtors. His applications for attorneys’ fees are denied. Mr. Cook shall turn over the sum of $25,000 in the Manstone Countertops estate, and the sum of $25,000 to the Robinson estate.

Holding: the Court concludes that Mr. Cook has not provided a basis to be compensated as counsel for the Debtors. His applications for attorneys’ fees are denied. Mr. Cook shall turn over the sum of $25,000 in the Manstone Countertops estate, and the sum of $25,000 to the Robinson estate.

Holding: The Official Committee of Unsecured Creditors filed a motion to convert this chapter 11 case to chapter 7 for cause under §§ 1112 (b)(1), (4)(A), and (4)(B). The Court concludes that the Debtor has shown a reasonable likelihood of rehabilitation. Accordingly, the Motion to Convert is denied

Holding: The Trustee has filed an objection to Debtor's exemption of both her and Husband's interest in the Honda on the grounds that Debtor may not claim an exemption on behalf of the non-filing Husband. The Trustee's objection is denied.

Holding: The parties seek a determination on the existence of a deficiency claim. It is the Court’s belief that resolution of “all claims” in the settlement of the Adversary Proceeding encompassed said deficiency claim. This settlement between the Debtor and MidFirst resulted in a final agreed order that required the dismissal of the Adversary Proceeding with prejudice. MidFirst’s attempt to resurrect this claim, without a specific reservation in the final order dismissing the Adversary Proceeding, months after the settlement, and more than a year after the sale of the Properties, is without a legal basis.

Holding: Although the Court has the discretion to grant attorneys’ fees because the claims arose out of contract, the Court denies the Namwest Parties’ applications for attorneys’ fees. The Kohan Parties’ factually complex claims had merit. The $640,000 fees requested would create an extreme hardship that would discourage others who believe they have oral contracts from bringing tenable claims. Furthermore, the fees requested are unreasonable, and the Court cannot determine if they are directly tied to the claims.

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