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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 | |
|---|---|---|---|
| 09/08/13 |
Jody J Tucker And Candida S Tucker (4:12-bk-23884-BMW) 09/08/13 Order Approving Payment of Administrative Fees and Expenses |
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. |
Judge Brenda Moody Whinery | |
| 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 |
Judge Brenda Moody Whinery | |
| 08/21/13 |
Sunset Professional Park,Llc (4:09-bk-32194-EWH) 08/21/13 Memorandum Decision |
Judge Eileen W. Hollowell (retired) | |
| 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) | |
| 08/06/13 |
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 Memorandum Decision |
Judge Eileen W. Hollowell (retired) |