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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 | |
|---|---|---|---|
| 12/26/12 |
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) | |
| 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 Findings of Fact and Conclusions of Law on Confirmation of Debtors' 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 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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| 12/14/12 |
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) | |
| 12/14/12 |
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) |