Nov
21
2023
Legacy Cares, Inc., In re--OVG Facilites, LLC v. Legacy Cares, Inc.
Ruling:
Creditor could not obtain turnover of any of the personal property collateral as the securityinterests were unperfected and were defeated by the trustee’s hypothetical lien. (Bankr. D.Ariz.)
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Commercial case opionion summary, case decided on November 21,2023, LexisNexis #0124-064
Nov
21
2023
Legacy Cares, Inc., In re--OVG Facilites, LLC v. Legacy Cares, Inc.
Ruling:
Creditor could not obtain turnover of any of the personal property collateral as the securityinterests were unperfected and were defeated by the trustee’s hypothetical lien. (Bankr. D.Ariz.)
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Commercial case opionion summary, case decided on November 21,2023, LexisNexis #0124-064
Jun
15
2023
Rybek Devs., LLC, In re
Ruling:
Summary judgment denied on reconsideration as claimants did not have rights in the debtorpartnership's assets. (Bankr. D. Ariz.)
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Commercial case opionion summary, case decided on June 15,2023, LexisNexis #0823-046
May
25
2023
Basham, In re
Ruling:
Debtor had an allowed claim pursuant to an equalization and child support judgment, which constituted a domestic support obligation. (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on May 25,2023, LexisNexis #0723-051
May
08
2023
Crestwood Hosp., LLC, In re
Ruling:
Valuation of the hotel operated by debtor properly gave primary weight to the discounted cash flow method, under the income capitalization approach. (Bankr. D. Ariz.)
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Commercial case opionion summary, case decided on May 08,2023, LexisNexis #0723-006
May
08
2023
Crestwood Hosp., LLC, In re
Ruling:
Valuation of the hotel operated by debtor properly gave primary weight to the discounted cash flow method, under the income capitalization approach. (Bankr. D. Ariz.)
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Commercial case opionion summary, case decided on May 08,2023, LexisNexis #0723-006
Dec
21
2022
John V. Gally Fam. Protective Trust Inc., In re
Ruling:
Debtor's bankruptcy case was not filed in bad faith for purposes of dismissal as debtor filedwith a proper bankruptcy purpose of liquidating assets to pay creditors. (Bankr. D. Ariz.)
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Commercial case opionion summary, case decided on December 21,2022, LexisNexis #0223-093
Aug
17
2022
Barnes, In re
Ruling:
Creditor who did not receive timely notice of debtors’ bankruptcy established cause to extenddeadline to file a complaint objecting to discharge. (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on August 17,2022, LexisNexis #1022-044
May
19
2022
Jones, In re--Patel v. Jones
Ruling:
Creditor could enforce nondischargeable debt against debtors as a community obligation ofboth spouses as debtors had listed the debt as a community obligation in their bankruptcyschedules. (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on May 19,2022, LexisNexis #0722-038
May
11
2022
Ugarte, In re--Ugarte v. Northstar Alarm Servs.
Ruling:
Debtor was entitled to actual damages, emotional distress damages, and attorneys' fees andcosts as the creditor failed to plead or otherwise defend against the stay violation proceeding.(Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on May 11,2022, LexisNexis #0722-033