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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 | |
|---|---|---|---|
| 02/03/15 |
T & H Construction, Inc. (3:14-bk-09452-DPC) 02/03/15 Holding: Order denying confirmation of Debtor's chapter 11 plan of reorganization. The Court agrees with New York Community Bank that the Plan’s proposed treatment of its claim is not “fair and equitable” under Victor Gruen Assocs., Inc., 338 F.2d 826 (9th Cir. 1964) or any other authority Debtor cites. |
Judge Daniel P. Collins | |
| 12/24/14 |
James and Kathleen Gilbraith (2:13-bk-05013-DPC) 12/24/14 Holding: Order overruling BMO Harris Bank's objection to Debtors' asserted exemption of profit sharing plan assets. |
Judge Daniel P. Collins | |
| 11/25/14 |
Sam Rei, L.L.C. v. Continental Group, LLC et al (2:14-ap-00319-DPC) 11/25/14 Holding: Harris immunity extends to Ellett Law Offices and Ellett’s conduct while it was Chapter 11 counsel for Debtor. The same public policy considerations favoring immunity for trustees and court appointed attorneys in a Chapter 7 case also favor such immunity in a Chapter 11 case. As to Continental’s Motion to Dismiss, Plaintiffs have standing to pursue their equitable subordination claims and Continental’s Motion is denied. |
Judge Daniel P. Collins | |
| 11/25/14 |
Sam Rei, L.L.C. V. Continental Group, Llc Et Al (2:14-ap-00319-DPC) 11/25/14 Order Partially Granting Amended Motion to Dismiss as to Strojnik, P.C.; Denying Relief as to the Continental Group, LLC |
Judge Daniel P. Collins | |
| 11/25/14 |
Sam Rei, L.L.C. V. Continental Group, Llc Et Al (2:14-ap-00319-DPC) 11/25/14 Order (1) Granting Ellett Law Offices' Amended Motion to Dismiss; (2) Denying Continental Group, LLLC's Motion to Dismiss |
Judge Daniel P. Collins | |
| 11/25/14 |
Sam Rei, L.L.C. v. Continental Group, LLC et al (2:14-ap-00319-DPC) 11/25/14 Holding: Plaintiffs’ allegations regarding Strojnik’s breaches of fiduciary duty to the estate and duty of candor to the Court, even if taken as true, are beyond the scope of special counsel’s required disclosure under Harris. To adopt Plaintiffs’ argued disclosure requirement would run contrary to the public policy rationale underlying Harris. The Court finds that Strojnik was sufficiently candid regarding its role as special counsel for the purpose of pursuing the Suit for the estate, that Strojnik acted within the scope of its appointment, that Debtor had notice, and that the Court approved its appointment. Strojnik is entitled to derived quasi-judicial immunity from Plaintiffs’ suit. The Complaint must be dismissed as to Strojnik. |
Judge Daniel P. Collins | |
| 09/29/14 |
Jusus-Manuel Burboa (2:13-bk-18246-EPB) 09/29/14 Holding: Denying motion to avoid secured lien of Arizona Federal Credit Union. |
Judge Eddward P. Ballinger, Jr. | |
| 09/29/14 |
Jesus-Manuel Burboa (2:13-bk-18246-EPB) 09/29/14 Order for Matter Taken Under Advisement |
Judge Eddward P. Ballinger, Jr. | |
| 09/25/14 |
Res-Az Hp 160, Llc V. Gammage & Burnham, P.L.C. (2:14-ap-00315-DPC) 09/25/14 Order Granting Motion to Remand |
Judge Daniel P. Collins | |
| 09/25/14 |
Res-Az Hp 160, LLC v. Gammage & Burnham, PLC (2:14-ap-00315-DPC) 09/25/14 Holding: Respondents’ defective Notice of Removal deprives them of standing. The Court does not have subject matter jurisdiction over the State Suit and must remand to State Court. |
Judge Daniel P. Collins |