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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
06/27/14 BMO Harris Bank, N.A. v. Zubick (4:13-ap-00170-BMW) 06/27/14

Holding: Although Debtors initially failed to disclose various assets and sources of income in their schedules, these omissions were not the product of Debtors’ intent to delay, hinder or defraud their creditors. Additionally, Debtors did not knowingly and fraudulently make false oaths by signing and filing their schedules, which contained omissions and inaccuracies. Accordingly, the relief requested by BMO Harris Bank in its Complaint to deny Debtors’ discharge pursuant to 11 U.S.C. §§ 727(a)(2), (3), (4) and (5) and 523(a)(2) and (6) is denied.

Judge Brenda Moody Whinery
06/24/14 Goernitz, Chapter 7 Trustee v. Kohner et al. (2:13-ap-00199-DPC) 06/24/14

Holding: Denying the Debtors’ motion to disqualify Kutak as
special counsel to the estate.

Judge Daniel P. Collins
06/24/14 Goernitz, Chapter 7 Trustee V. Kohner Et Al (2:13-ap-00199-DPC) 06/24/14

Order Denying Motion to Disqualify Kutak Rock LLP as Special Counsel to Trustee

Judge Daniel P. Collins
06/23/14 Arizona Auto Spa 4, LLC v. Spreiser (4:12-ap-01988-EWH) 06/23/14

Holding: Debtor and his marital community cannot discharge the following obligations: $20,000 due to Ross, $20,000 due to Sheftel and $25,000 due to AAS4.

Judge Eileen W. Hollowell (retired)
06/23/14 Arizona Auto Spa 4, Llc, An Arizona Limited Liabil V. Spreiser (4:12-ap-01988-EWH) 06/23/14

Memorandum Decision

Judge Eileen W. Hollowell (retired)
06/02/14 Warfield v. Santander Consumer (2:14-ap-00173-DPC) 06/02/14

Holding: Defendant’s date of perfection of a lien relates back to December 14, 2013. Therefore, Plaintiff/Trustee’s rights and powers under 11 U.S.C. § 544(a), which arose on the Petition Date of December 18, 2013, are inferior to Defendant’s lien rights. See § 546(b) and A.R.S. § 47-9322(A)(1). Defendant’s motion to dismiss is granted.

Judge Daniel P. Collins
05/30/14 Cline (2:13-bk-19488-DPC) 05/30/14

Holding: Missouri’s exemptions are not restricted to residents of Missouri so long as Debtors are domiciled in Missouri for purposes of Section 522(b)(3)(A). Because Missouri has opted-out of the federal exemption scheme, Debtors must use the exemptions provided under Missouri law.

Judge Daniel P. Collins
05/29/14 Kimberly Diane Diaz (0:14-bk-01980-BMW) 05/29/14

Order Extending Time to File Objections to Discharge; Order Extending Deadline to File Objections to Property Claimed Exempt

Judge Brenda Moody Whinery
05/13/14 Reaves v. Thurston (2:10-ap-02156-EPB) 05/13/14

Holding: Debtor knowingly and fraudulently made a false oath or account or withheld from an officer of the estate recorded information relating to the Debtor’s property and financial affairs. Therefore, he is not entitled to a discharge.

Chief Judge Eddward P. Ballinger, Jr.
05/13/14 Reaves V. Thruston (2:10-ap-02156-EPB) 05/13/14

Order for Matter Taken Under Advisement

Chief Judge Eddward P. Ballinger, Jr.

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