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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
06/20/12 Peerless Indemnity Insurance Company V. Intergalectic Properties, Llc Et Al (4:11-ap-01312-EWH) 06/20/12

Holding: This matter comes before the Court on an Interpleader action initiated by Peerless Indenmity Insurance Company and on the Motion for Summary Judgment filed by Zions First National Bank and Joinder to Zions' Motion by Business Development Finance Corporation/Small Business Administration. The Court finds Granite State Ins. Co. v. Employers Mutual Ins. Co., 125 Ariz. 275, 609 P.2d 90 (App. 1980) is dispositive on the issues before the Court. 

Judge Eileen W. Hollowell (retired)
06/15/12 Minaxi G Patel (4:10-bk-20822-EWH) 06/15/12

Holding: Debtor filed a Chapter 11 Plan which proposed to bifurcate U.S. Bank's proof of claim secured by a lien on real property. U.S. Bank has not shown that it is entitled to relief under Civil Rule 60, and by operation of a separate order, the motion will be denied. 

Judge Eileen W. Hollowell (retired)
06/15/12 North Summit Landing, Inc. v. Shih Et Al (4:11-ap-01470-EWH) 06/15/12

Holding: Plaintiff has not demonstrated that Defendants’ conduct constituted the use of a court process, therefore, they cannot demonstrate that Defendants committed the tort of abuse of process under Arizona law. Even if the Debtors’ conduct was a use of a court process, the evidence does not demonstrate that Defendants’ conduct met Arizona’s requirement that it be solely based on an improper motive. Accordingly, a judgment in favor of the Debtors will be entered this date. 

Judge Eileen W. Hollowell (retired)
06/15/12 Minaxi G Patel (4:10-bk-20822-EWH) 06/15/12

Memorandum Decision

Judge Eileen W. Hollowell (retired)
06/15/12 Peerless Indemnity Insurance Company V. Intergalectic Properties, Llc Et Al (4:11-ap-01312-EWH) 06/15/12

Amended Findings of Facts and Conclusions of Law as to Motion for Summary Judgment

Judge Eileen W. Hollowell (retired)
06/15/12 North Summit Landing, Inc. V. Shih Et Al (4:11-ap-01470-EWH) 06/15/12

Memorandum Decision

Judge Eileen W. Hollowell (retired)
06/13/12 Delbert C Hodge and Renee D Hodge (2:09-bk-26411-JMM) 06/13/12

Holding:  Before the court is a controversy which requires interpretation of the Debtors' confirmed plan, and based upon such interpretation, the court must determine whether the Debtors defaulted thereunder, or if some other just remedy may be applicable. 

Judge James M. Marlar (recalled)
06/13/12 Delbert C Hodge And Renee D Hodge (2:09-bk-26411-JMM) 06/13/12

Memorandum Decision

Judge James M. Marlar (recalled)
06/11/12 Campos V. Beck Et Al (4:11-ap-00709-JMM) 06/11/12

Memorandum Decision

Judge James M. Marlar (recalled)
06/11/12 Campos v. Beck (4:11-ap-00709-JMM) 06/11/12

Holding: Mr. Beck, at all times in the Campos' transactions, acted ultra vires to the Dealership, because it was not within the corporation's charter to defraud customers and convert their funds, and thus, he and his marital community are liable to Mr. Campos. The court FINDS AND CONCLUDES that, by a preponderance of the evidence, Mr. Campos has proven a non-dischargeable liability under §§ 523(a)(2) and (6). 

Judge James M. Marlar (recalled)

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