Arizona

Reaves v. Thruston (In re Thruston)

Ruling: 
Discharge denied due to intentional omission of information from schedules and statements.
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Consumer case opionion summary, case decided on May 13,2014, LexisNexis #0614-126

13 Holdings LLC v. Gorilla Cos. LLC (In re Gorilla Cos. Inc.)

Ruling: 
Stern v. Marshall did not deprive bankruptcy court had jurisdiction over debtor's state law unjust enrichment claim that was necessarily resolved in ruling on creditor's proof of claim.
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Commercial case opionion summary, case decided on March 26,2014, LexisNexis #0714-067

Haley v. Barclays Bank Del. (In re Carter)

Ruling: 
Preference period payments were not avoidable as made in the ordinary course of business and in exchange for new value.
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Consumer case opionion summary, case decided on March 03,2014, LexisNexis #0314-126

Derrick v. Natl Health Fin. DM LLC (In re Derrick)

Ruling: 
Bankruptcy court erred in finding that attorney representing debtor in state court personal injury action was required to disclose fees.
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Consumer case opionion summary, case decided on January 15,2014, LexisNexis #0714-004

In re Sunset Profl Park LLC

Ruling: 
All payments under confirmed plan, including to equity holders, properly included in calculation of U.S. Trustee's fees.
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Commercial case opionion summary, case decided on August 22,2013, LexisNexis #0913-137

In re Val-Mid Assocs. LLC

In this chapter 11 action, the debtor sought confirmation of its liquidating plan of reorganization.
Ruling: 
Confirmation denied and case converted to chapter 7 where plan did not provide for recovery of preferences and fraudulent transfers.
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Commercial case opionion summary, case decided on June 14,2013, LexisNexis #0713-129

In re Raso

Creditor filed a complaint against chapter 13 debtor seeking a denial of discharge of the debtor's obligation on promissory notes and of a real estate broker's commission paid to the debtor pursuant to 11 U.S.C.S. § 523(a)(2), (a)(4), and (a)(6).
Ruling: 
Claim against real estate commission earned by debtor was nondischargeable due to deceit regarding ability to complete 1031 exchange.
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Consumer case opionion summary, case decided on May 13,2013, LexisNexis #0613-090

PMM Investments LLC v. Campbell (In re Campbell)

Creditor brought an adversary proceeding against debtor seeking a determination that a debt for the creditor's capital contribution to a limited liability company (LLC) of the which the debtor was a manager was nondischargeable under 11 U.S.C.S. § 523(a) based on the debtor's fraud and embezzlement.
Ruling: 
Debt for creditor's capital contribution to LLC of which debtor was manager was nondischargeable based on debtor's embezzlement.
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Consumer case opionion summary, case decided on March 31,2013, LexisNexis #0513-046

Clear Peak Energy Inc. v. Southern Cal. Edison Co. (In re Clear Peak Energy Inc.)

Debtor, a constructor filed a motion to determine the applicability of the automatic stay. The sole issue to be determined was whether the power purchase and sale agreement entered into between debtor and respondent electric utility constituted a forward contract that was not subject to the provisions of the automatic stay pursuant to 11 U.S.C.S. § 362(b)(6).
Ruling: 
Renewable power purchase and sale agreement with debtor was a forward contract not subject to stay.
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Commercial case opionion summary, case decided on February 26,2013, LexisNexis #0613-040

Kaplan v. Levine (In re Levine)

At issue was an award of reasonable attorneys' fees and interest to be paid by debtors to creditor that were incurred in the collection of a $155,000 settlement payment, which had not been fully nor timely paid on the effective date.
Ruling: 
Creditor's attorneys' fees incurred by second firm in collection action duplicating services of original counsel disallowed.
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Consumer case opionion summary, case decided on January 31,2013, LexisNexis #0313-005

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