Holding: Debtor knowingly and fraudulently made a false oath or account or withheld from an officer of the estate recorded information relating to the Debtor’s property and financial affairs. Therefore, he is not entitled to a discharge.
Opinions
The District of Arizona offers a database of opinions for the years 2014 to current, listed by year and judge.
Holding: Debtors have satisfied the requirements of § 523(a)(2)(A) with respect to the First Advance in the principal amount of $100,000, plus interest, costs and fees calculated pursuant to the Note up to the petition date.
Holding: The parties present an issue of first impression, namely, which has priority in Arizona: a restitution lien or a purchase money deed of trust? The Court concludes that a purchase money deed of trust against real property has priority over an earlier recorded restitution lien.
Holding: The issue presented is whether the Debtors may exempt two vehicles, concededly utilized primarily for business purposes in a sole proprietorship, using Arizona’s personal item exemptions provided in A.R.S. § 33-1125(8). The Court holds that debtors in Arizona, doing business as sole proprietors, may not exempt vehicles used primarily for business using Arizona personal item exemptions, and instead must use Arizona’s tools of the trade exemptions.
Holding: The Court finds and concludes that Defendant failed to prove that the transaction was an equitable mortgage, rather than a sale. Therefore, judgment in favor of Plaintiffs.
Holding: The issue in this case is whether a loan modification agreement negotiated between the Debtors and Everkrisp Vegetables, Inc. satisfied the Arizona Statute of Frauds or any of its exceptions. The Court concludes that the agreement did satisfy the Arizona Statute of Frauds, and even had it not, exceptions to the Statute of Frauds apply in this case to make the agreement’s terms enforceable.
Holding: Trustee objects, on grounds of bad faith, to the Debtors’ amended claim to exempt prepaid rent in the amount of $900. The Court finds bad faith and sustains the objection.
Holding: Overruling the Objection of the C Squared Parties and approving the Application to employ Arnold & Porter as an Ordinary Course Professional subject to the Application, as amended by the Reply, and as set forth on the record at the August 29, 2013 hearing.
Holding: Until Congress sees fit to define “disbursements” under the quarterly fee statute, and without more definitive case law on this subject, this Court follows the Ninth Circuit’s expansive view of the term, and concludes that payments to equity interests are disbursements to be calculated under 28 U.S.C. § 1930(a)(6). All payments under the confirmed plan of reorganization, including payments to Class 6 equity holders, are to be included in the calculation of the U.S. Trustee’s quarterly fees.
Holding: The main focus of this case has been Debtor’s effort to restructure debt secured by the Chiquita Center. Pursuant to this decision, Debtor has no tenancy-in-common interest in the Chiquita Center and, therefore, it is not property of Debtor’s bankruptcy estate and the Loan cannot be restructured in Debtor’s Chapter 11.