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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
01/14/14 Joseph Otto Letizia And Zhanhong Chen (3:13-bk-09233-RJH) 01/14/14

Order Sustaining Objection to Claimed Exemptions

Judge Randolph J. Haines (retired)
01/14/14 Joseph Otto Letizia and Zhanhong Chen (3:13-bk-09233-RJH) 01/14/14

Holding: The issue presented is whether the Debtors may exempt two vehicles, concededly utilized primarily for business purposes in a sole proprietorship, using Arizona’s personal item exemptions provided in A.R.S. § 33-1125(8). The Court holds that debtors in Arizona, doing business as sole proprietors, may not exempt vehicles used primarily for business using Arizona personal item exemptions, and instead must use Arizona’s tools of the trade exemptions.

Judge Randolph J. Haines (retired)
09/20/13 Desert Road Builders et al v. Kelland Investments, LLC (0:10-ap-01392-EPB) 09/20/13

Holding: The Court finds and concludes that Defendant failed to prove that the transaction was an equitable mortgage, rather than a sale. Therefore, judgment in favor of Plaintiffs.

Chief Judge Eddward P. Ballinger, Jr.
09/20/13 Desert Road Builders Et Al V. Kelland Investments, Llc (0:10-ap-01392-EPB) 09/20/13

Order for Matter Taken Under Advisement

Chief Judge Eddward P. Ballinger, Jr.
09/19/13 Peter Peter Cottontail, Llc (2:12-bk-23574-RJH) 09/19/13

Opinion re: Enforceability of Unsigned Loan Modification Agreement

Judge Randolph J. Haines (retired)
09/19/13 Peter Peter Cottontail, LLC (2:12-bk-23574-RJH) 09/19/13

Holding: The issue in this case is whether a loan modification agreement negotiated between the Debtors and Everkrisp Vegetables, Inc. satisfied the Arizona Statute of Frauds or any of its exceptions. The Court concludes that the agreement did satisfy the Arizona Statute of Frauds, and even had it not, exceptions to the Statute of Frauds apply in this case to make the agreement’s terms enforceable.

Judge Randolph J. Haines (retired)
09/18/13 Donovan et al v. HIRTH (2:11-ap-00474-DPC) 09/18/13

Order Granting Motion for Partial Summary Judgment

Judge Daniel P. Collins
09/16/13 Gray (3:13-bk-08071-RJH) 09/16/13

Holding: Trustee objects, on grounds of bad faith, to the Debtors’ amended claim to exempt prepaid rent in the amount of $900. The Court finds bad faith and sustains the objection.

Judge Randolph J. Haines (retired)
09/16/13 Ian Nehemiah Gray And Cynthia Jackson Gray (3:13-bk-08071-RJH) 09/16/13

Opinion and Order Sustaining Trustee's Objection to Claimed Exemptions

Judge Randolph J. Haines (retired)
09/08/13 Jody J Tucker And Candida S Tucker (4:12-bk-23884-BMW) 09/08/13

Order Approving Payment of Administrative Fees and Expenses

Judge Brenda Moody Whinery

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