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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
06/23/14 Arizona Auto Spa 4, LLC v. Spreiser (4:12-ap-01988-EWH) 06/23/14

Holding: Debtor and his marital community cannot discharge the following obligations: $20,000 due to Ross, $20,000 due to Sheftel and $25,000 due to AAS4.

Judge Eileen W. Hollowell (retired)
06/02/14 Warfield v. Santander Consumer (2:14-ap-00173-DPC) 06/02/14

Holding: Defendant’s date of perfection of a lien relates back to December 14, 2013. Therefore, Plaintiff/Trustee’s rights and powers under 11 U.S.C. § 544(a), which arose on the Petition Date of December 18, 2013, are inferior to Defendant’s lien rights. See § 546(b) and A.R.S. § 47-9322(A)(1). Defendant’s motion to dismiss is granted.

Judge Daniel P. Collins
05/30/14 Cline (2:13-bk-19488-DPC) 05/30/14

Holding: Missouri’s exemptions are not restricted to residents of Missouri so long as Debtors are domiciled in Missouri for purposes of Section 522(b)(3)(A). Because Missouri has opted-out of the federal exemption scheme, Debtors must use the exemptions provided under Missouri law.

Judge Daniel P. Collins
05/29/14 Kimberly Diane Diaz (0:14-bk-01980-BMW) 05/29/14

Order Extending Time to File Objections to Discharge; Order Extending Deadline to File Objections to Property Claimed Exempt

Judge Brenda Moody Whinery
05/13/14 Reaves V. Thruston (2:10-ap-02156-EPB) 05/13/14

Order for Matter Taken Under Advisement

Chief Judge Eddward P. Ballinger, Jr.
05/13/14 Reaves v. Thurston (2:10-ap-02156-EPB) 05/13/14

Holding: Debtor knowingly and fraudulently made a false oath or account or withheld from an officer of the estate recorded information relating to the Debtor’s property and financial affairs. Therefore, he is not entitled to a discharge.

Chief Judge Eddward P. Ballinger, Jr.
05/05/14 Gould Et Al V. Wisniewski Et Al (2:12-ap-01213-EWH) 05/05/14

Memorandum Decision

Judge Eileen W. Hollowell (retired)
05/05/14 Gould v. Wisniewski (2:12-ap-01213-EWH) 05/05/14

Holding: Debtors have satisfied the requirements of § 523(a)(2)(A) with respect to the First Advance in the principal amount of $100,000, plus interest, costs and fees calculated pursuant to the Note up to the petition date.

Judge Eileen W. Hollowell (retired)
01/24/14 Scannell v. JP Morgan Chase Bank, N.A. et al (2:13-ap-00302-DPC) 01/24/14

Holding: The parties present an issue of first impression, namely, which has priority in Arizona: a restitution lien or a purchase money deed of trust? The Court concludes that a purchase money deed of trust against real property has priority over an earlier recorded restitution lien.

Judge Daniel P. Collins
01/24/14 Scannell V. Jp Morgan Chase Bank, N.A. Et Al (2:13-ap-00302-DPC) 01/24/14

Order Setting Priority of Liens

Judge Daniel P. Collins

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