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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.

Datesort ascending Description Judge
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
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
09/09/14 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.
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 Madeleine C. Wanslee
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
08/26/14 Clifford R. Smith And Robyn Frances Smith (3:10-bk-19970-MCW) 08/26/14

Memorandum and Order on Motion to Compel Turnover of Estate Property

Judge Madeleine C. Wanslee
08/13/14 Diversified Funding Group, Llc V. Hendon (2:11-ap-01972-EWH) 08/13/14

Memorandum Decision

Judge Eileen W. Hollowell (retired)
08/13/14 Diversified Funding Group, LLC v. Hendon (2:11-ap-01972-EWH) 08/13/14

Holding: Plaintiffs are entitled to a judgment on one of their § 523(a)(2)(A) claims for nondischargeability.

Judge Eileen W. Hollowell (retired)

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