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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 | |
|---|---|---|---|
| 07/17/12 |
First National Acceptance Co. v. Desert Springs Equestrian Center, L.L.C. (4:11-ap-00600-JMM) 07/17/12 Holding: It appears that all of the fees generated by FNAC were reasonable, and taken only in efforts to move FNAC's claims forward to obtain payment or to foreclose upon its collateral in the face of a defaulted promissory note. Moreover, all other fees incurred were due to defending against the positions taken by Desert Springs--through two bankruptcies and its (never-pressed) "defenses" to FNAC's adversary proceeding. Desert Springs' arguments against awarding FNAC's fees and costs are not persuasive. Counsel for Desert Springs will be ordered to pay such fees and costs from the sums held in the trust account for said purpose. |
Judge James M. Marlar (recalled) | |
| 07/13/12 |
Sunset Professional Park,Llc (4:09-bk-32194-EWH) 07/13/12 Memorandum Decision |
Judge Eileen W. Hollowell (retired) | |
| 07/13/12 |
Sunset Professional Park,LLC (4:09-bk-32194-EWH) 07/13/12 Holding: The Debtor's counsel's application and Debtor's special counsel's application for fees comply with the law, both the Code and the Ninth Circuit conventions for evaluating fee applications. Meanwhile, the Objections filed by Debtor's principal failed to explain with specificity why the Court should reach any other conclusion. Accordingly, a separate Order that will be entered on the same day as this Memorandum Decision, granting both applications in full. |
Judge Eileen W. Hollowell (retired) | |
| 07/10/12 |
Bataa/Kierland, Llc (2:11-bk-05850-RJH) 07/10/12 Memorandum Decision Re: Confirmation of Amended Plan of Reorganization |
Judge Randolph J. Haines (retired) | |
| 07/10/12 |
Bataa/Kierland, LLC (2:11-bk-05850-RJH) 07/10/12 Holding: The Court finds and concludes that the Debtor has met the requirements for confirmation under the Bankruptcy Code and that the Plan should be confirmed. |
Judge Randolph J. Haines (retired) | |
| 06/26/12 |
Mountainside Fitness Centers Of Gilbert, L.L.C. ; Thomas John Hatten (2:10-bk-23734-CGC) 06/26/12 Holding: Therefore, the landlord, R.S. Lots’ § 502(b)(6) damages consist of base rent and additional rent for the greater of one year or 15% of the remaining term of the Lease, calculated from the petition date. Any prepetition rent and damages awarded by this Court or the superior court not already paid are owed in full. R.S. Lots may recover from either Mountainside as lessor or Hatten as guarantor, but may recover only once. |
Judge Charles G. Case II (retired) | |
| 06/26/12 |
Mountainside Fitness Centers Of Gilbert, L.L.C. And Thomas John Hatten (2:10-bk-23734-CGC) 06/26/12 Under Advisement Decision |
Judge Charles G. Case II (retired) | |
| 06/25/12 |
David M Waterman And Mildred Martinez Waterman (4:11-bk-02598-EWH) 06/25/12 Memorandum Decision |
Judge Eileen W. Hollowell (retired) | |
| 06/25/12 |
David M Waterman and Mildred Martinez Waterman (4:11-bk-02598-EWH) 06/25/12 Holding: The Hold Harmless Provision in a state court Decree of Dissolution of Marriage is not a domestic support obligation under the Code. As a result, Peck has not demonstrated that cause exists warranting relief from the automatic stay and the motion is denied. |
Judge Eileen W. Hollowell (retired) | |
| 06/20/12 |
Peerless Indemnity Insurance Company V. Intergalectic Properties, Llc Et Al (4:11-ap-01312-EWH) 06/20/12 Second Amended Findings of Facts and Conclusions of Law as to Motion for Summary Judgment |
Judge Eileen W. Hollowell (retired) |