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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.

Datesort descending Description Judge
08/26/14 Clifford R. Smith And Robyn Frances Smith (3:10-bk-19970-MCW) 08/26/14

Memorandum and Order on Motion to Compel Turnover of Estate Property

Judge Madeleine C. Wanslee
09/09/14 Cam Trucking (2:14-bk-09404-EPB) 09/09/14

Holding: ATLU’s security interest in the three vehicles identified in its motion takes priority over Transwest’s garagemen’s liens.

Chief Judge Eddward P. Ballinger, Jr.
09/09/14 Cam Trucking Llc (2:14-bk-09404-EPB) 09/09/14

Order for Matter Taken Under Advisement

Chief Judge Eddward P. Ballinger, Jr.
09/11/14 Goernitz, Chapter 7 Trustee v. Kohner (2:13-ap-00199-DPC) 09/11/14

Holding: Order granting motion of Defendants to dismiss count VII, as Trustee failed to state a claim for conspiracy to commit fraudulent transfers against Defendants because the Complaint fails to even allege the existence of an agreement between the Debtors and Defendants to commit a fraudulent transfer.

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
09/25/14 Res-Az Hp 160, LLC v. Gammage & Burnham, PLC (2:14-ap-00315-DPC) 09/25/14

Holding: Respondents’ defective Notice of Removal deprives them of standing. The Court does not have subject matter jurisdiction over the State Suit and must remand to State Court.

Judge Daniel P. Collins
09/29/14 Jusus-Manuel Burboa (2:13-bk-18246-EPB) 09/29/14

Holding: Denying motion to avoid secured lien of Arizona Federal Credit Union.

Chief Judge Eddward P. Ballinger, Jr.
09/29/14 Jesus-Manuel Burboa (2:13-bk-18246-EPB) 09/29/14

Order for Matter Taken Under Advisement

Chief Judge Eddward P. Ballinger, Jr.
11/25/14 Sam Rei, L.L.C. V. Continental Group, Llc Et Al (2:14-ap-00319-DPC) 11/25/14

Order Partially Granting Amended Motion to Dismiss as to Strojnik, P.C.; Denying Relief as to the Continental Group, LLC

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

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