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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.

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 Judgesort descending
05/30/14 Cline (2:13-bk-19488-DPC) 05/30/14

Holding: Missouri’s exemptions are not restricted to residents of Missouri so long as Debtors are domiciled in Missouri for purposes of Section 522(b)(3)(A). Because Missouri has opted-out of the federal exemption scheme, Debtors must use the exemptions provided under Missouri law.

Judge Daniel P. Collins
11/25/14 Sam Rei, L.L.C. v. Continental Group, LLC et al (2:14-ap-00319-DPC) 11/25/14

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.

Judge Daniel P. Collins
05/25/18 Robert W. Mangold And Michele M. Mangold (2:12-bk-16858-DPC) 05/25/18

UNDER ADVISEMENT RULING REGARDING POST-NUPTIAL AGREEMENT AND MICHELE MANGOLD'S LIABILITY TO THOMAS J. PICCOLO

Judge Daniel P. Collins
06/18/15 Juarez v. Castellanos (2:14-ap-00726-DPC) 06/18/15

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

Judge Daniel P. Collins
04/25/13 Strata Title, Llc (2:12-bk-24242-DPC) 04/25/13

Order Denying Motion re: Santerra Apartments, LLC

Judge Daniel P. Collins
11/01/16 David Ray Turner (3:15-bk-14741-DPC) 11/01/16

Order Granting Stay Relief

Judge Daniel P. Collins
09/16/21 Fuciarelli et al v. Brown et al (2:18-ap-00057-DPC) 09/16/21

Findings of Fact and Conclusions of Law

Judge Daniel P. Collins
11/25/14 Sam Rei, L.L.C. v. Continental Group, LLC et al (2:14-ap-00319-DPC) 11/25/14

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.

Judge Daniel P. Collins
09/25/14 Res-Az Hp 160, Llc V. Gammage & Burnham, P.L.C. (2:14-ap-00315-DPC) 09/25/14

Order Granting Motion to Remand

Judge Daniel P. Collins
05/24/19 Hurst V. Hurst (2:18-ap-00282-DPC) 05/24/19

UNDER ADVISEMENT RULING Re: Motion and Counter-Motion for Summary Judgment

Judge Daniel P. Collins

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