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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
05/14/13 PMM Investments, LLC v Campbell (2:10-ap-01659-SSC) 05/14/13

Holding: In an earlier ruling, the Court found Debtors liable to Plaintiff pursuant to Section 523(a)(4) as a result of the embezzlement by Mr. Campbell of funds invested by PMM Investments, LLC, and directed the Plaintiff to file an accounting of the debt due, taking into account any setoffs or payments already made on the underlying debt. Plaintiff shall have judgment against the Defendants in the principal amount of $737,006.25, with accrued interest and attorneys’ fees thereon, which shall be a nondischargeable debt pursuant to 11 U.S.C § 523(a)(4).

Judge Sarah S. Curley (retired)
05/14/13 Pmm Investments, Llc V. Campbell (2:10-ap-01659-SSC) 05/14/13

Judgment

Judge Sarah S. Curley (retired)
05/13/13 Lewis V. Raso (4:12-ap-00608-EWH) 05/13/13

Memorandum Clarifying and Supplementing Ruling Made in Open Court on February 11, 2013

Judge Eileen W. Hollowell (retired)
05/13/13 Lewis v. Raso et al (4:12-ap-00608-EWH) 05/13/13

Holding: Plaintiff is entitled to recover the amount of a Commission as a
non-dischargeable debt but not the amount of a Note as Plaintiff failed to meet the necessary burden of proof under § 523(a)(2) or (6).

Judge Eileen W. Hollowell (retired)
05/02/13 Two Brothers Xi, Inc. And Two Brothers V, Inc. (2:10-bk-23048-DPC) 05/02/13

Order Denying Application for Allowance of Superpriority Claim

Judge Daniel P. Collins
05/02/13 Two Brothers XI, Inc. et al (2:10-bk-23048-DPC) 05/02/13

Holding: Enterprise contends it is entitled to superpriority administrative expense claims because the adequate protection provided to it by the Debtors was insufficient to cover the actual decrease in the value of its collateral. Because Enterprise has not proven that its collateral decreased in value, the Court denies Enterprise’s Superpriority Application.

Judge Daniel P. Collins
04/25/13 Strata Title, Llc (2:12-bk-24242-DPC) 04/25/13

Order Denying Motion re: Santerra Apartments, LLC

Judge Daniel P. Collins
04/25/13 Strata Title LLC (2:12-bk-24242-DPC) 04/25/13

Holding: The Operating Agreement is an executory contract, the purchase option within the Operating Agreement was triggered by an unenforceable ipso facto clause, and a valid trigger of the purchase option would nevertheless require stay relief, which relief is not presently warranted.

Judge Daniel P. Collins
04/24/13 Ashburn et al v. Kolb et al (4:10-ap-02034-EWH) 04/24/13

Holding: Because the evidence presented at trial did not support any of Plaintiffs’ § 523 claims against Jeffrey Kolb ("innocent spouse"), he is entitled to a complete discharge.

Judge Eileen W. Hollowell (retired)
04/24/13 Ashburn Et Al V. Kolb Et Al (4:10-ap-02034-EWH) 04/24/13

Memorandum Granting Motion for Reconsideration

Judge Eileen W. Hollowell (retired)

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