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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.
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 | Judge | |
|---|---|---|---|
| 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 | |
| 09/09/14 |
Cam Trucking Llc (2:14-bk-09404-EPB) 09/09/14 Order for Matter Taken Under Advisement |
Chief Judge Eddward P. Ballinger, Jr. | |
| 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. |
Chief Judge Eddward P. Ballinger, Jr. | |
| 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 | |
| 09/25/14 |
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 | |
| 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 | |
| 09/29/14 |
Jesus-Manuel Burboa (2:13-bk-18246-EPB) 09/29/14 Order for Matter Taken Under Advisement |
Chief Judge Eddward P. Ballinger, Jr. | |
| 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. |
Chief Judge Eddward P. Ballinger, Jr. | |
| 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 |