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: 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 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.

Holding: Debtors, without just cause, failed to maintain adequate records to permit creditors to ascertain Debtors' financial condition and the financial condition of a business they controlled. In addition, after their case was filed, Debtors destroyed some of their financial records. Accordingly, Debtors' discharge is denied under§ 727(a)(3).

Holding: The Court has not received a full enough record of the evidence introduced at trial in Florida to make a determination that the Verdict will have preclusive effect in this Court. Without this information, the Court cannot be confident, as required by Florida’s issue preclusion doctrine, that an identical issue was presented in the prior proceeding. The Court also believes that granting relief from stay will prejudice the bankruptcy estate and place an undue burden on Debtor. The Florida Appeal will diminish the estate by draining resources to defend the judgment notwithstanding the verdict and to prosecute Debtor’s cross appeal. Furthermore, prosecuting the Florida Appeal will result in undue delay in administering Debtor's estate.

Holding: Based upon the evidence presented at the hearing, together with the arguments and representations of counsel and the entire record before the Court, and good cause appearing, the Court makes findings of fact and conclusions of law on Debtor's Second Amended Joint Plan of Reorganization

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