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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.

Datesort ascending Description Judge
08/26/14 Clifford R. Smith (3:10-bk-19970-MCW) 08/26/14

Holding: Proceeds from sale of Debtors' exempt Arizona homestead remain exempt to the extent the proceeds were utilized to find and acquire a new home, to prepare it for occupancy, and to relocate there. However, proceeds that were not utilized by the Debtors within Arizona's 18-month reinvestment, must be turned over to the Trustee.

Judge Madeleine C. Wanslee
08/26/14 Clifford R. Smith (3:10-bk-19970-MCW) 08/26/14

Holding: Proceeds from sale of Debtors' exempt Arizona homestead remain exempt to the extent the proceeds were utilized to find and acquire a new home, to prepare it for occupancy, and to relocate there. However, proceeds that were not utilized by the Debtors within Arizona's 18-month reinvestment, must be turned over to the Trustee.

Judge Daniel P. Collins
08/13/14 Diversified Funding Group, LLC v. Hendon (2:11-ap-01972-EWH) 08/13/14

Holding: Plaintiffs are entitled to a judgment on one of their § 523(a)(2)(A) claims for nondischargeability.

Judge Eileen W. Hollowell (retired)
08/13/14 Diversified Funding Group, Llc V. Hendon (2:11-ap-01972-EWH) 08/13/14

Memorandum Decision

Judge Eileen W. Hollowell (retired)
07/25/14 Smith V. Leverton (2:13-ap-00232-DPC) 07/25/14

Order Denying Motions for Reconsideration

Judge Daniel P. Collins
07/25/14 Smith v. Leverton (2:13-ap-00232-DPC) 07/25/14

Holding: Denying both Plaintiff’s and Defendant’s motions for reconsideration.

Judge Daniel P. Collins
07/01/14 Nasch V. Laos Et Al (4:13-ap-00037-BMW) 07/01/14

Memorandum Decision

Chief Judge Brenda Moody Whinery
07/01/14 Nasch v. Laos (4:13-ap-00037-BMW) 07/01/14

Holding: Plaintiffs failed to establish, by a preponderance of the evidence, that they are entitled to the relief requested in their Complaint for denial of the Debtors’ discharge pursuant to 11 U.S.C. § 523(a)(2)(A), (4) and (6).

Chief Judge Brenda Moody Whinery
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.

Chief Judge Brenda Moody Whinery
06/27/14 Bmo Harris Bank, N.A. V. Zubick Et Al (4:13-ap-00170-BMW) 06/27/14

Memorandum Decision

Chief Judge Brenda Moody Whinery

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