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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 | |
|---|---|---|---|
| 01/07/13 |
Everardo Quintero-Favela (0:12-bk-18101-JMM) 01/07/13 Memorandum Decision |
Judge James M. Marlar (recalled) | |
| 01/07/13 |
Ruben Villalobos And Kim Villalobos (0:12-bk-18838-JMM) 01/07/13 Memorandum Decision |
Judge James M. Marlar (recalled) | |
| 01/04/13 |
Michelle Bryanna Perry (0:12-bk-16486-JMM) 01/04/13 Memorandum Decision |
Judge James M. Marlar (recalled) | |
| 12/28/12 |
Timothy Ray Wright (2:09-bk-32244-SSC) 12/28/12 Holding: The parties seek a determination on the existence of a deficiency claim. It is the Court’s belief that resolution of “all claims” in the settlement of the Adversary Proceeding encompassed said deficiency claim. This settlement between the Debtor and MidFirst resulted in a final agreed order that required the dismissal of the Adversary Proceeding with prejudice. MidFirst’s attempt to resurrect this claim, without a specific reservation in the final order dismissing the Adversary Proceeding, months after the settlement, and more than a year after the sale of the Properties, is without a legal basis. |
Judge Sarah S. Curley (retired) | |
| 12/28/12 |
Timothy Ray Wright (2:09-bk-32244-SSC) 12/28/12 Memorandum Decision Re: Debtor's Objection to Midfirst Bank's Proof of Claim |
Judge Sarah S. Curley (retired) | |
| 12/27/12 |
Namwest, LLC et al v. Namwest-Town Lakes, LLC et al (2:08-ap-00860-CGC) 12/27/12 Holding: Although the Court has the discretion to grant attorneys’ fees because the claims arose out of contract, the Court denies the Namwest Parties’ applications for attorneys’ fees. The Kohan Parties’ factually complex claims had merit. The $640,000 fees requested would create an extreme hardship that would discourage others who believe they have oral contracts from bringing tenable claims. Furthermore, the fees requested are unreasonable, and the Court cannot determine if they are directly tied to the claims. |
Judge Charles G. Case II (retired) | |
| 12/27/12 |
Namwest, Llc Et Al V. Namwest-Town Lakes, Llc Et Al (2:08-ap-00860-CGC) 12/27/12 Under Advisement Decision Re: Attorney Fees |
Judge Charles G. Case II (retired) | |
| 12/26/12 |
Ashburn Et Al V. Kolb Et Al (4:10-ap-02034-EWH) 12/26/12 Memorandum Decision Denying Discharge Pursuant to 11 U.S.C. § 727(a)(3) |
Judge Eileen W. Hollowell (retired) | |
| 12/26/12 |
Ashburn et al v. Kolb (4:10-ap-02034-EWH) 12/26/12 Holding: Debtors, without just cause, failed to maintain adequate records to permit creditors to ascertain Debtors' financial condition and the financial condition of a business they controlled. In addition, after their case was filed, Debtors destroyed some of their financial records. Accordingly, Debtors' discharge is denied under§ 727(a)(3). |
Judge Eileen W. Hollowell (retired) | |
| 12/21/12 |
Constantine (2:12-bk-04842-EWH) 12/21/12 Holding: The Court has not received a full enough record of the evidence introduced at trial in Florida to make a determination that the Verdict will have preclusive effect in this Court. Without this information, the Court cannot be confident, as required by Florida’s issue preclusion doctrine, that an identical issue was presented in the prior proceeding. The Court also believes that granting relief from stay will prejudice the bankruptcy estate and place an undue burden on Debtor. The Florida Appeal will diminish the estate by draining resources to defend the judgment notwithstanding the verdict and to prosecute Debtor’s cross appeal. Furthermore, prosecuting the Florida Appeal will result in undue delay in administering Debtor's estate. |
Judge Eileen W. Hollowell (retired) |