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Opinions

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The District of Arizona offers a database of opinions for the years 2012 to current, listed by year and judge.

Judicial opinions from the District of Arizona, as well as other participating courts from throughout the nation, can also be accessed through the U.S. Government Publishing Office's United States Courts Opinions web page. To view judicial opinions on the GPO’s website, click here.

Date Description Judgesort ascending
09/26/12 C&C Equipment Co. v. Bialowas (2:10-ap-01986-CGC) 09/26/12

Holding: Plaintiff, C&C Equipment, objects to the discharge of Debtor and Defendant Bialowas on the grounds that: (1) the debt to C&C was incurred as a result of Bialowas’s misrepresentations, thus excepting the debt from discharge under section 523(a)(2)(A); (2) Bialowas concealed assets, thus preventing him from obtaining a discharge under section 727(a)(2); (3) Bialowas failed to maintain adequate records, thus preventing him from obtaining a discharge under section 727(a)(3); (4) Bialowas made false statements about his assets, thereby preventing him from obtaining a discharge under section 727(a)(4); and (5) that Bialowas did not satisfactorily explain the loss of his assets, thus preventing him from obtaining a discharge under section 727(a)(5). Judgment on all causes of action will be given to the defendant. 

Judge Charles G. Case II (retired)
09/26/12 C&C Equipment Co. Doing Business As Professional L V. Bialowas (2:10-ap-01986-CGC) 09/26/12

Under Advisement Decision Re: Plaintiff's Non-Dischargeability Complaint

Judge Charles G. Case II (retired)
06/12/06 Caldwell V. Better Choice Investments, Llc Et Al (2:05-ap-00740-CGC) 06/12/06

Under Advisement Decision re: Trial on Adversary Proceeding, Stay Relief Motion, and Objection to Claimed Exemption

Judge Charles G. Case II (retired)
07/18/11 Gurley Et Al V. Stillwater National Bank And Trust Et Al (2:08-ap-00426-CGC) 07/18/11

Memorandum Decision re: Default Judgment

Judge Charles G. Case II (retired)
10/26/09 Cavir Development, Inc. Et Al V. Kavir Development Et Al (2:08-ap-00370-CGC) 10/26/09

Under Advisement Decision Re: Trial on Amended Note, Guaranty, and Deed of Trust

Judge Charles G. Case II (retired)
09/26/11 Candelario Mendoza And Veronica Mendoza (2:10-bk-18364-CGC) 09/26/11

Memorandum Decision Upholding Objection to Proof of Claim and Denying Motion for Relief from Stay

Judge Charles G. Case II (retired)
09/21/12 Red Mountain Machinery Company v. Comerica Bank (2:09-ap-00941-CGC) 09/21/12

Holding: Dierich’s activities fall short of what they should have been and the Court has found that some of those activities breached his fiduciary duty to RMMC. Indeed, in the many ways, the facts are so egregious that ever recurring questions are -- can’t something be done about this? Isn’t there some remedy for what he did? How can it be right for him to "get a pass?" But the law requires more than bad acts. It insists that those bad acts be the cause of concrete damage to the plaintiff. And, in this case, the proof is just not there on this critical point, except to the extent Dierich was paid during 2009 by RMMC while at the same time acting in his own interests. For these reasons, judgment will be given to the Defendants on all claims other than for salary disgorgement during 2009. 

Judge Charles G. Case II (retired)
05/19/08 College Properties Ltd. (2:05-bk-10095-CGC) 05/19/08

Under Advisement Decision

Judge Charles G. Case II (retired)
03/28/12 Dove Valley Scottsdale, Llc (2:11-bk-11450-CGC) 03/28/12

Under Advisement Decision Confirming Debtor's Second Amended Plan of Reorganization

Judge Charles G. Case II (retired)
11/17/10 Eurofresh, Inc. V. Graham County Treasurer (2:09-ap-00694-CGC) 11/17/10

Under Advisement Decision re: Motions for Summary Judgment

Judge Charles G. Case II (retired)

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