Judge Whinery

Nichols, In re

Ruling: 
Debtors were not entitled to a stay pending appeal as even if dismissal was an option for thedebtors, the case would still have been converted. (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on February 21,2020, LexisNexis #0420-048

Farwest Pump Co., In re

Ruling: 
Special counsel’s fees were awarded in a reduced amount as the services rendered werereasonably likely to benefit the estate but the counsel failed to keep contemporaneous timerecords. (Bankr. D. Ariz.)
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Commercial case opionion summary, case decided on February 26,2020, LexisNexis #0420-028

Reece, In re

Ruling: 
Fee reduction was warranted as creditors acknowledged fees and costs incurred to file andpursue the stay relief motion were incurred unnecessarily. (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on February 26,2020, LexisNexis #0420-034

Crowe, In re

Ruling: 
Permissive abstention was not appropriate as the Tucson Estate factors weighed against it.(Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on February 20,2020, LexisNexis #0420-025

Nichols, In re

Ruling: 
Court denied debtor's stay pending appeal of a conversion order due to lack of likelihood ofsuccess on the merits. (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on February 21,2020, LexisNexis #0320-094

Nichols, In re

Ruling: 
Debtors' right to dismiss was not absolute and did not supersede conversion. (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on January 30,2020, LexisNexis #0320-044

Wilson, In re--Cozart v. Wilson

Ruling: 
Debtor's motion to dismiss denied absent showing that the debt at issue did not fall withinthe exceptions to discharge under § 523(a)(5). (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on November 13,2019, LexisNexis #0120-012

Kresock, In re

Ruling: 
Court determined it was appropriate to allow debtor a short period of time to respond tocomplaint given the strong public policy favoring decisions on the merits, minimal prejudiceto trustee, and severity of a denial of discharge. (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on May 30,2019, LexisNexis #0819-043

Buchanan, In re

Ruling: 
Discharge order did not immunize debtor from complying with state and local zoningregulations. (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on April 30,2019, LexisNexis #0719-035

Peery, In re

Ruling: 
Debt was nondischargeable as the parties explicitly acknowledged in the marital settlementagreement that the note was not a domestic support order and the parties agreed in theirpleadings that the debt was not a domestic support obligation. (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on November 01,2018, LexisNexis #1218-075

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