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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 | |
|---|---|---|---|
| 03/28/13 |
Ml Liquidating Trust V. Craig A. Forte And Lauri T. Forte, Trustees Of The (2:10-ap-01095-RJH) 03/28/13 Memorandum Decision Granting Motion to Dismiss |
Judge Randolph J. Haines (retired) | |
| 03/28/13 |
Bear Tooth Mountain Holdings Limited Partnership v. Mortgage Limited Manager LLC (2:12-ap-01849-RJH) 03/28/13 Holding: The issues before the Court all relate to acts by agents of a liquidating trustee implementing a confirmed plan of reorganization. Defendants have filed a motion to dismiss the Plaintiffs’ adversary complaint for many reasons, three of which are dispositive. First, most of the counts are barred by res judicata. Second, most of the Defendants’ acts complained of are protected by quasi-judicial immunity. Third, those and the remaining claims violate F.R.Civ.P. Rules 8 and 9. Accordingly, the Motion to Dismiss is granted. |
Judge Randolph J. Haines (retired) | |
| 03/28/13 |
Bear Tooth Mountain Holdings Limited Partnership E V. Ml Manager Llc As Agent For Defendants Pass-Throug (2:12-ap-01849-RJH) 03/28/13 Memorandum Decision Granting Motion to Dismiss |
Judge Randolph J. Haines (retired) | |
| 03/28/13 |
Mortgage Limited Liquidating Trust v. Craig A. Forte and Lauri T. Forte, Trustees (2:10-ap-01095-RJH) 03/28/13 Holding: The Liquidating Trustee has sued the Fortes for an avoidable preference, and the Fortes have moved to dismiss. The threshold issue here is whether the confirmed plan of reorganization released the preference claim against the Fortes, or whether it adequately preserved that claim for assertion by the Liquidating Trust. Motion to dismiss is granted. |
Judge Randolph J. Haines (retired) | |
| 03/26/13 |
Robinson (2:09-bk-32033-SSC) 03/26/13 Holding: the Court concludes that Mr. Cook has not provided a basis to be compensated as counsel for the Debtors. His applications for attorneys’ fees are denied. Mr. Cook shall turn over the sum of $25,000 in the Manstone Countertops estate, and the sum of $25,000 to the Robinson estate. |
Judge Sarah S. Curley (retired) | |
| 03/26/13 |
Manstone Countertops Llc (2:09-bk-26913-SSC) 03/26/13 Memorandum Decision |
Judge Sarah S. Curley (retired) | |
| 03/26/13 |
David R Robinson And Chellee C Robinson (2:09-bk-32033-SSC) 03/26/13 Memorandum Decision |
Judge Sarah S. Curley (retired) | |
| 03/26/13 |
Manstone Countertops LLC (2:09-bk-26913-SSC) 03/26/13 Holding: the Court concludes that Mr. Cook has not provided a basis to be compensated as counsel for the Debtors. His applications for attorneys’ fees are denied. Mr. Cook shall turn over the sum of $25,000 in the Manstone Countertops estate, and the sum of $25,000 to the Robinson estate. |
Judge Sarah S. Curley (retired) | |
| 03/22/13 |
Swift Air, Llc (2:12-bk-14362-DPC) 03/22/13 Under Advisement Decision Denying Motion To Convert |
Judge Daniel P. Collins | |
| 03/22/13 |
Swift Air, LLC (2:12-bk-14362-DPC) 03/22/13 Holding: The Official Committee of Unsecured Creditors filed a motion to convert this chapter 11 case to chapter 7 for cause under §§ 1112 (b)(1), (4)(A), and (4)(B). The Court concludes that the Debtor has shown a reasonable likelihood of rehabilitation. Accordingly, the Motion to Convert is denied |
Judge Daniel P. Collins |