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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 | |
|---|---|---|---|
| 12/21/12 |
Tommy Constantine (2:12-bk-04842-EWH) 12/21/12 Memorandum Decision on Motion for Relief from Automatic Stay |
Judge Eileen W. Hollowell (retired) | |
| 12/17/12 |
Star Buffet, Inc. and Summit Family Restaurants, Inc. (2:11-bk-27518-GBN) 12/17/12 Holding: Based upon the evidence presented at the hearing, together with the arguments and representations of counsel and the entire record before the Court, and good cause appearing, the Court makes findings of fact and conclusions of law on Debtor's Second Amended Joint Plan of Reorganization |
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| 12/17/12 |
Star Buffet, Inc. And Summit Family Restaurants, Inc. (2:11-bk-27518-GBN) 12/17/12 Findings of Fact and Conclusions of Law on Confirmation of Debtors' Second Amended Joint Plan of Reorganization |
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| 12/14/12 |
Luke Cusack (4:11-bk-32452-JMM) 12/14/12 Memorandum Decision |
Judge James M. Marlar (recalled) | |
| 12/14/12 |
Santa Fe Hospitality, Llc V. Wells Fargo Bank, N.A., As Successor To Deutsche B (4:12-ap-01962-JMM) 12/14/12 Memorandum Decision |
Judge James M. Marlar (recalled) | |
| 12/14/12 |
Santa Fe Hospitality, LLC v. Wells Fargo Bank, N.A. (4:12-ap-01962-JMM) 12/14/12 Holding: The Debtor's motion for preliminary injunction will be granted. As a matter of law, all of the Rule 65 elements are satisfied: (1) the Debtor is likely to succeed on the merits; (2) the balance of equities tip sharply in the Debtor's favor, due to the parties' own agreement; (3) the Debtor's reorganization prospects are jeopardized if the injunction is not issued, and (4) public policy considerations are not involved in this purely contractual dispute. However, the Bank may pursue collection remedies against its Guarantors to the extent of $623,914.21. A preliminary injunction shall be in force, therefore, until further order of the court or until a final judgment on the merits is entered and docketed. |
Judge James M. Marlar (recalled) | |
| 12/14/12 |
Cusack (4:11-bk-32452-JMM) 12/14/12 Holding: If Mr. Turetzky believes that the confirmation order--which is now final--was procured by fraud, he is directed to 11 U.S.C. § 1144, which provides that this is the only way to set aside such an order. The time limit to file such a motion is 180 days from confirmation. § 1144. If the starting place for these disputes is to be 11 U.S.C. § 1144, then a full blown trial on the merits is required, not merely mounds of pleadings which are unsupported by either law, or affidavits sworn to under penalty of perjury.To cut through this bramble bush of unorthodox procedure, the court will quash all subpoenas issued by Mr. Turetzky, vacate the 2004 examination orders, and require all subpoenaed material to be returned--unread and unopened--to the sources from which it came. The court will also not go forward with having hearings on sanctions, contempt or fees. |
Judge James M. Marlar (recalled) | |
| 12/13/12 |
Huggins Et Al V. Skinner Et Al (4:12-ap-00955-JMM) 12/13/12 Memorandum Decision |
Judge James M. Marlar (recalled) | |
| 12/13/12 |
Jones (Brian Mullen, Trustee v. Jones) (2:11-bk-34839-SSC) 12/13/12 Holding: The Court concludes that the Property is property of the estate pursuant to Section 541, Subsections (a)(5) and (a)(1). Therefore, the Court will grant the Trustee’s Motion to Sell the Property free and clear of liens. The Trustee is directed to submit an appropriate form of order incorporating this decision, granting the Motion to Sell the Property free and clear of liens, and overruling the Debtors’ Objection thereto. |
Judge Sarah S. Curley (retired) | |
| 12/13/12 |
Benjamin Jones And Jessica Treola Jones (2:11-bk-34839-SSC) 12/13/12 Memorandum Decision on The Trustee's Motion to Sell Certain Property Free and Clear of Liens |
Judge Sarah S. Curley (retired) |