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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 | |
|---|---|---|---|
| 11/05/12 |
Gregory A. Friedman And Judith Mercer-Friedman (4:07-bk-02135-JMM) 11/05/12 Memorandum Decision |
Judge James M. Marlar (recalled) | |
| 10/17/12 |
Quarterman V. Quarterman Et Al (2:11-ap-01154-SSC) 10/17/12 Memorandum Decision |
Judge Sarah S. Curley (retired) | |
| 10/17/12 |
Quarterman v. Quarterman (2:11-ap-01154-SSC) 10/17/12 Holding: The parties do not dispute that Debtor’s obligation to Plaintiff arose under their divorce decree. Neither do they dispute that the subsequent state court judgment was a result of Debtor’s failure to pay the divorce decree obligation. Debtor makes the legal argument that the divorce decree judgment has merged into the state court civil judgment, losing its characteristic that would make it non-dischargeable pursuant to § 523(a)(15). This Court disagrees and concludes that the Debtor's Motion for Summary Judgment shall be denied. |
Judge Sarah S. Curley (retired) | |
| 10/16/12 |
Poland (4:12-bk-18417-JMM) 10/16/12 Holding: Judicial liens (as a result of a recorded judgment) only attach to real property. ARIZ. REV. STAT. §§ 33-961; 33-964. Recorded judgments have no legal effect on personalty owned by a debtor. Thus, neither of the recorded judgments has created judicial liens against the Debtors' personal property. And, since the Debtors own no real property, the "avoiding" of those judicial liens is unnecessary. Thus, unless the Debtors have legal authority that a lien has been created, by operation of Arizona law, upon their personal property (this court is not aware of any such statute), it would appear that the motions are moot. This court cannot grant the relief sought, because no wrong has been done to the Debtors which needs to be undone. |
Judge James M. Marlar (recalled) | |
| 10/16/12 |
Denna Gail Davis And Stacy Cyler Davis (2:09-bk-04318-JMM) 10/16/12 Memorandum Decision |
Judge James M. Marlar (recalled) | |
| 10/16/12 |
Davis (2:09-bk-04318-JMM) 10/16/12 Holding: This matter involves a review of attorneys' fees, by two different firms, for work performed in this Chapter 13 case. |
Judge James M. Marlar (recalled) | |
| 10/16/12 |
Daniel Patrick Poland And Misty Dawn Poland (4:12-bk-18417-JMM) 10/16/12 Memorandum Decision |
Judge James M. Marlar (recalled) | |
| 10/15/12 |
Emerick V. Eckerdt (4:11-ap-02147-JMM) 10/15/12 Memorandum Decision |
Judge James M. Marlar (recalled) | |
| 10/15/12 |
Emerick v. Eckerdt (4:11-ap-02147-JMM) 10/15/12 Holding: Based upon the law and the evidence, the court finds and concludes that Plaintiff failed to prove a case of a non-dischargeable act by a preponderance of the evidence. Accordingly, judgment will be entered in favor of the Defendant, and dismissing Plaintiff's complaint against her. Similarly, as for Ms. Emerick's Proof of Claim, the court finds no reason to find that either Ms. Eckerdt or Ms. Webb owe her any money for breach of contract. |
Judge James M. Marlar (recalled) | |
| 10/01/12 |
Clarence J. Smith Testamentary Trust V. Day Et Al (2:11-ap-00529-SSC) 10/01/12 Order Incorporating Memorandum Decision Dated September 29, 2012 |
Judge Sarah S. Curley (retired) |