Opinions

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The District of Arizona offers a database of opinions for the years 2014 to current, listed by year and judge.

ORDER, Minute Entry for Matter Taken Under Advisement

ORDER Denying Gammage & Burnham's Motion for Reconsideration (Related Doc 282)

Order granting debtor's cross-motion for summary judgment.

Order granting Medpoint Management's motion to dismiss.

Holding: Order denying confirmation of Debtor's chapter 11 plan of reorganization. The Court agrees with New York Community Bank that the Plan’s proposed treatment of its claim is not “fair and equitable” under Victor Gruen Assocs., Inc., 338 F.2d 826 (9th Cir. 1964) or any other authority Debtor cites.

Holding: Order overruling BMO Harris Bank's objection to Debtors' asserted exemption of profit sharing plan assets.

Holding: Plaintiffs’ allegations regarding Strojnik’s breaches of fiduciary duty to the estate and duty of candor to the Court, even if taken as true, are beyond the scope of special counsel’s required disclosure under Harris. To adopt Plaintiffs’ argued disclosure requirement would run contrary to the public policy rationale underlying Harris. The Court finds that Strojnik was sufficiently candid regarding its role as special counsel for the purpose of pursuing the Suit for the estate, that Strojnik acted within the scope of its appointment, that Debtor had notice, and that the Court approved its appointment. Strojnik is entitled to derived quasi-judicial immunity from Plaintiffs’ suit. The Complaint must be dismissed as to Strojnik.

Holding: Harris immunity extends to Ellett Law Offices and Ellett’s conduct while it was Chapter 11 counsel for Debtor. The same public policy considerations favoring immunity for trustees and court appointed attorneys in a Chapter 7 case also favor such immunity in a Chapter 11 case.  As to Continental’s Motion to Dismiss, Plaintiffs have standing to pursue their equitable subordination claims and Continental’s Motion is denied.

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