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: Plaintiff is entitled to recover the amount of a Commission as a
non-dischargeable debt but not the amount of a Note as Plaintiff failed to meet the necessary burden of proof under § 523(a)(2) or (6).

Holding: Enterprise contends it is entitled to superpriority administrative expense claims because the adequate protection provided to it by the Debtors was insufficient to cover the actual decrease in the value of its collateral. Because Enterprise has not proven that its collateral decreased in value, the Court denies Enterprise’s Superpriority Application.

Holding: The Operating Agreement is an executory contract, the purchase option within the Operating Agreement was triggered by an unenforceable ipso facto clause, and a valid trigger of the purchase option would nevertheless require stay relief, which relief is not presently warranted.

Holding: Because the evidence presented at trial did not support any of Plaintiffs’ § 523 claims against Jeffrey Kolb ("innocent spouse"), he is entitled to a complete discharge.

Holding: Order Confirming Joint Plan of Reorganization With Modifications.

Holding: At issue is whether Defendant, acting as the trustee of a securitized mortgage pool has standing to enforce a Note. The court found Defendant is a holder of the Note and entitled to enforce the Note pursuant to the terms of the Pooling and Service Agreement and the Mortgage Loan Purchase Agreement. However, the Court also finds that neither Defendant nor AHMSI adduced evidence sufficient to establish that AHMSI has standing to file a proof of claim.

Holding: The Debtor contends that Midfirst does not hold a secured claim because Midfirst waived its deed of trust lien when it filed a state court lawsuit to recover on the promissory note secured by the deed of trust rather than foreclosing on the deed of trust. Because Arizona law does not support the Debtor’s position, the Court overrules the objection and allows Midfirst’s secured claim in the amount stated in Claim #2.

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.

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