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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
09/03/13 Armorworks Enterprises, Llc (2:13-bk-10332-BMW) 09/03/13

Ruling re: Debtors' Application to Employ Arnold & Porter LLP as an Ordinary Course Professional

Chief Judge Brenda Moody Whinery
09/03/13 Armorworks Enterprises, LLC (2:13-bk-10332-BMW) 09/03/13

Holding: Overruling the Objection of the C Squared Parties and approving the Application to employ Arnold & Porter as an Ordinary Course Professional subject to the Application, as amended by the Reply, and as set forth on the record at the August 29, 2013 hearing.

Chief Judge Brenda Moody Whinery
08/21/13 Sunset Professional Park, LLC (4:09-bk-32194-EWH) 08/21/13

Holding: Until Congress sees fit to define “disbursements” under the quarterly fee statute, and without more definitive case law on this subject, this Court follows the Ninth Circuit’s expansive view of the term, and concludes that payments to equity interests are disbursements to be calculated under 28 U.S.C. § 1930(a)(6). All payments under the confirmed plan of reorganization, including payments to Class 6 equity holders, are to be included in the calculation of the U.S. Trustee’s quarterly fees.

Judge Eileen W. Hollowell (retired)
08/21/13 Sunset Professional Park,Llc (4:09-bk-32194-EWH) 08/21/13

Memorandum Decision

Judge Eileen W. Hollowell (retired)
08/06/13 250 Az, Llc (4:13-bk-00851-EWH) 08/06/13

Memorandum Decision

Judge Eileen W. Hollowell (retired)
08/06/13 250 AZ, LLC (4:13-bk-00851-EWH) 08/06/13

Holding: The main focus of this case has been Debtor’s effort to restructure debt secured by the Chiquita Center. Pursuant to this decision, Debtor has no tenancy-in-common interest in the Chiquita Center and, therefore, it is not property of Debtor’s bankruptcy estate and the Loan cannot be restructured in Debtor’s Chapter 11.

Judge Eileen W. Hollowell (retired)
07/15/13 Sample (2:10-bk-38373-DPC) 07/15/13

Holding: So long as there is not a contrary published opinion from the District Court of Arizona, this Court will follow the opinions of the Ninth Circuit BAP, whether or not this Court agrees with the reasoning behind the particular BAP decision. The BAP in the Friedman decision held that the absolute priority rule does not apply in an individual debtor’s Chapter 11 case. The rationale for its 2-1 decision is set out in the extensive opinion penned in Friedman by Bankruptcy Judge Clarkson. Although this Court tends to favor the dissenting decision of Judge Jury in Friedman, for the reasons stated above, this Court feels duty bound to follow the majority’s holding in Friedman. Accordingly, the objection to the Debtor’s chapter 11 plan based on absolute priority grounds is hereby overruled.

Judge Daniel P. Collins
07/15/13 Kelly William Sample And Kristy Lee Sample (2:10-bk-38373-DPC) 07/15/13

Order re: Absolute Priority Rule

Judge Daniel P. Collins
07/08/13 Blanco et al v. Beneficial Mortgage Co. of Arizona (4:11-ap-01812-EWH) 07/08/13

Holding: The fees which Debtors seek to collect are related to the substance of a pending Appeal. Because the outcome of the Appeal may alter the Court’s prior ruling, the Court finds that it has been divested of jurisdiction to proceed with implementation of only a portion of the Memorandum. Even if it were possible to partially implement the Memorandum, judicial economy would not be served by having only one part of the Memorandum reduced to judgment. If Debtors succeed on the Appeal, the Court will then have to determine the amount of their actual and punitive damages, as well as their claim for additional attorneys’ fees incurred in the Appeal. Such a piecemeal, time-consuming process is not cost effective for the Court or the parties.

Judge Eileen W. Hollowell (retired)
07/08/13 Blanco Et Al V. Beneficial Mortgage Co. Of Arizona (4:11-ap-01812-EWH) 07/08/13

Memorandum Decision

Judge Eileen W. Hollowell (retired)

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