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Opinions
The District of Arizona offers a database of opinions for the years 2012 to current, listed by year and judge.
Date |
Description | Judge | |
|---|---|---|---|
| 09/11/14 |
Goernitz, Chapter 7 Trustee v. Kohner (2:13-ap-00199-DPC) 09/11/14 Holding: Order granting motion of Defendants to dismiss count VII, as Trustee failed to state a claim for conspiracy to commit fraudulent transfers against Defendants because the Complaint fails to even allege the existence of an agreement between the Debtors and Defendants to commit a fraudulent transfer. |
Judge Daniel P. Collins | |
| 09/09/14 |
Cam Trucking (2:14-bk-09404-EPB) 09/09/14 Holding: ATLU’s security interest in the three vehicles identified in its motion takes priority over Transwest’s garagemen’s liens. |
Judge Eddward P. Ballinger, Jr. | |
| 08/26/14 |
Clifford R. Smith (3:10-bk-19970-MCW) 08/26/14 Holding: Proceeds from sale of Debtors' exempt Arizona homestead remain exempt to the extent the proceeds were utilized to find and acquire a new home, to prepare it for occupancy, and to relocate there. However, proceeds that were not utilized by the Debtors within Arizona's 18-month reinvestment, must be turned over to the Trustee. |
Judge Madeleine C. Wanslee | |
| 08/26/14 |
Clifford R. Smith (3:10-bk-19970-MCW) 08/26/14 Holding: Proceeds from sale of Debtors' exempt Arizona homestead remain exempt to the extent the proceeds were utilized to find and acquire a new home, to prepare it for occupancy, and to relocate there. However, proceeds that were not utilized by the Debtors within Arizona's 18-month reinvestment, must be turned over to the Trustee. |
Judge Daniel P. Collins | |
| 08/13/14 |
Diversified Funding Group, LLC v. Hendon (2:11-ap-01972-EWH) 08/13/14 Holding: Plaintiffs are entitled to a judgment on one of their § 523(a)(2)(A) claims for nondischargeability. |
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| 07/25/14 |
Smith v. Leverton (2:13-ap-00232-DPC) 07/25/14 Holding: Denying both Plaintiff’s and Defendant’s motions for reconsideration. |
Judge Daniel P. Collins | |
| 07/01/14 |
Nasch v. Laos (4:13-ap-00037-BMW) 07/01/14 Holding: Plaintiffs failed to establish, by a preponderance of the evidence, that they are entitled to the relief requested in their Complaint for denial of the Debtors’ discharge pursuant to 11 U.S.C. § 523(a)(2)(A), (4) and (6). |
Chief Judge Brenda Moody Whinery | |
| 06/27/14 |
BMO Harris Bank, N.A. v. Zubick (4:13-ap-00170-BMW) 06/27/14 Holding: Although Debtors initially failed to disclose various assets and sources of income in their schedules, these omissions were not the product of Debtors’ intent to delay, hinder or defraud their creditors. Additionally, Debtors did not knowingly and fraudulently make false oaths by signing and filing their schedules, which contained omissions and inaccuracies. Accordingly, the relief requested by BMO Harris Bank in its Complaint to deny Debtors’ discharge pursuant to 11 U.S.C. §§ 727(a)(2), (3), (4) and (5) and 523(a)(2) and (6) is denied. |
Chief Judge Brenda Moody Whinery | |
| 06/24/14 |
Goernitz, Chapter 7 Trustee v. Kohner et al. (2:13-ap-00199-DPC) 06/24/14 Holding: Denying the Debtors’ motion to disqualify Kutak as |
Judge Daniel P. Collins | |
| 06/23/14 |
Arizona Auto Spa 4, LLC v. Spreiser (4:12-ap-01988-EWH) 06/23/14 Holding: Debtor and his marital community cannot discharge the following obligations: $20,000 due to Ross, $20,000 due to Sheftel and $25,000 due to AAS4. |