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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 | |
|---|---|---|---|
| 06/06/13 |
Strata Title LLC (2:12-bk-24242-DPC) 06/06/13 Holding: According to Schedule 1 of the Tempe Tower, LLC Operating Agreement, on February 24, 2013, the Debtor's membership interests in Tempe Tower changed from 50% to zero and Pure Country's membership interests changed from 50% to 100%. The Court has been asked to determine if Schedule 1 is enforceable. Under Arizona law, parties to an operating agreement can contract, as the parties here did in Schedule 1, for changes in membership interests between the parties. |
Judge Daniel P. Collins | |
| 05/23/13 |
Orca, Llc V. Gifford (4:12-ap-01757-EWH) 05/23/13 Memorandum Decision |
Judge Eileen W. Hollowell (retired) | |
| 05/23/13 |
Orca, LLC v. Gifford (4:12-ap-01757-EWH) 05/23/13 Holding: The location of the Building on the Lot and the Adjacent Lot will undoubtedly continue to bedevil the Debtor and the Plaintiffs, but the Debtor may not use his Chapter 13 case for a second bite at the apple regarding the effect and enforceability of the Settlement Agreement. Accordingly, the Motion for Summary Judgment is GRANTED |
Judge Eileen W. Hollowell (retired) | |
| 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 et al (4:12-ap-00608-EWH) 05/13/13 Holding: Plaintiff is entitled to recover the amount of a Commission as a |
Judge Eileen W. Hollowell (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) | |
| 05/02/13 |
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 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 |