Judge Whinery

Jones, In re--Patel v. Jones

Ruling: 
Judgment debt owed by debtor was nondischargeable as record overwhelmingly reflected thatdebtor willfully and intentionally acted with targeted malice and tortiously interfered withthe agreement with an associate, resulting in damages to the associate. (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on September 01,2021, LexisNexis #1021-061

Skyline Ridge, LLC, In re

Ruling: 
Creditor granted an administrative expense claim because it provided a confirmable plan ofreorganization and a settlement that was a funding source for the plan. (Bankr. D. Ariz.)
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Commercial case opionion summary, case decided on June 14,2021, LexisNexis #0821-008

Crowe, In re

Ruling: 
Plan confirmed as it had been proposed in good faith where the goal was to repay creditorsaccording to the terms set forth in the plan and it was feasible. (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on June 01,2021, LexisNexis #0721-065

Riley, In re

Ruling: 
Administrative expense claim for probate attorneys' fees denied because there was never anagreement with the Trustee to hire the attorneys on behalf of the estate, and the fees were notincurred to preserve or benefit the Bankruptcy estate. (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on May 20,2021, LexisNexis #0721-007

Riley, In re

Ruling: 
Administrative expense claim for probate attorneys' fees denied because there was never anagreement with the Trustee to hire the attorneys on behalf of the estate, and the fees were notincurred to preserve or benefit the Bankruptcy estate. (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on May 20,2021, LexisNexis #0721-007

Skyline Ridge, LLC, In re--Skyline Ridge, LLC v. Cinco Soldados, LLC

Ruling: 
Proceeding for judgment on note and foreclosure dismissed under the unambiguous termsof the debtor’s confirmed plan. (Bankr. D. Ariz.)
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Commercial case opionion summary, case decided on April 30,2021, LexisNexis #0621-049

Skyline Ridge, LLC, In re

Ruling: 
Court determined that it lacked jurisdiction to consider debtor's request to revoke theconfirmation order. (Bankr. D. Ariz.)
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Commercial case opionion summary, case decided on March 15,2021, LexisNexis #0521-024

Crowe, In re

Ruling: 
Creditor was granted limited relief from the automatic stay to allow state court action toproceed for the sole purpose of liquidating the pre-petition claim. (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on February 25,2021, LexisNexis #0421-005

Kresock, In re--Lashinsky v. Kresock

Ruling: 
Discharge denied as debtor attempted to evade creditors and unjustifiably failed to keepand maintain records regarding financial condition. (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on November 24,2020, LexisNexis #0121-038

Kresock, In re

Ruling: 
Debtor's objections overruled because pursuant to U.S.C.§ 522(c)(2)(B) any exempt propertyremained liable for the properly noticed tax lien. (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on November 24,2020, LexisNexis #0121-029

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