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Arizona

In re MMP 10180 LLC

Two creditors with claims against one or more of three chapter 11 debtors, being two individuals and an LLC that was a restaurant owned and operated by the individuals, asked the court to address, interpret and clarify a joint plan of reorganization that debtors had proposed and that the court had previously confirmed in an order that was not appealed and thus was final.
Ruling: 
Creditor's motion for clarification of plan denied as not raised prior to confirmation.
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Commercial case opionion summary, case decided on June 11,2012, LexisNexis #0712-093

In re Glimcher

A bankruptcy trustee who was appointed to administer a chapter 7 debtor's bankruptcy estate filed a motion for an order requiring a law firm the debtor retained before he declared bankruptcy to turn over payments it received from the debtor and companies he owned, claiming that the payments were property of the debtor's bankruptcy estate. The law firm opposed the trustee's motion.
Ruling: 
Debtor's prepetition lawyers ordered to turn over fees paid by debtor and debtor's companies.
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Consumer case opionion summary, case decided on May 08,2012, LexisNexis #0512-113

Geller v. Grijalva (In re Grijalva)

Respondent debtor proposed to modify the first-position lien on her principal residence in her amended chapter 13 plan. Movants were trustees of family trusts.
Ruling: 
Debtor could bifurcate under-secured short term mortgage and cram down unsecured portion.
ABI Membership is required to access the full summary of Geller v. Grijalva (In re Grijalva). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 02,2012, LexisNexis #0412-134

National Bank of Ariz. v. Turnkey Dev. LLC (In re Turnkey Dev. LLC)

Two secured creditors of chapter 11 debtor filed motions to lift the automatic stay imposed by 11 U.S.C.S. § 362(a) on two separate and unrelated parcels.
Ruling: 
Stay lifted as to two parcels of real estate where debtor's plan was purely speculative and properties lacked equity.
ABI Membership is required to access the full summary of National Bank of Ariz. v. Turnkey Dev. LLC (In re Turnkey Dev. LLC). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on March 07,2012, LexisNexis #0412-043

MacKenzie v. Badillo (In re Meza)

Chapter 7 trustee filed an adversary proceeding to avoid a change of the beneficiary designated on a term life insurance policy as a fraudulent transfer under 11 U.S.C.S. § 548. All the parties sought summary judgment.
Ruling: 
Change of beneficiary on life insurance policy was not a fraudulent transfer where beneficiary had no rights during life of insured.
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Consumer case opionion summary, case decided on February 09,2012, LexisNexis #0312-052

In re Rody

Bankruptcy debtors who relocated from Arizona to Massachusetts prior to filing their bankruptcy petition in Arizona claimed exemptions under 11 U.S.C.S. § 522, but the bankruptcy trustee asserted that, because Arizona limited exemptions to state exemptions, the debtors were precluded from claiming the federal exemptions. The trustee objected to the exemptions claimed by the debtors.
Ruling: 
Nonresident debtor could elect federal exemptions due to state law exclusion.
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Consumer case opionion summary, case decided on February 06,2012, LexisNexis #0312-082

Lee v. ANC Car Rental Corp.

Defendant filed a motion to sever plaintiffs' claims against him and remand to state court pursuant to 28 U.S.C.S. § 1447(c). Plaintiffs opposed the motion to sever and filed a cross- motion to remand to state court without severance.
Ruling: 
Removed wrongful death action remanded to state court as insufficiently related to debtor's post-confirmation bankruptcy.
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Commercial case opionion summary, case decided on November 17,2011, LexisNexis #1211-064

Rogone v. Correia-Sasser (In re Correia-Sasser)

Plaintiffs, estranged adult sons of debtor who were beneficiaries of trusts as to which debtor was a fiduciary, sought summary judgment on claims that debts represented by final judgments against debtor in state courts in Arizona and California were nondischargeable per 11 U.S.C.S. § 523(a)(4) and (a)(6). Debtor cross-moved for summary judgment.
Ruling: 
Judgment against debtor for fiduciary defalcation in capacity as trustee of real property was nondischargeable.
ABI Membership is required to access the full summary of Rogone v. Correia-Sasser (In re Correia-Sasser). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 10,2011, LexisNexis #0911-010

Ristow v. Great Lakes Educ. Loan Servs. (In re Ristow)

Chapter 7 debtors sought to discharge over $80,000 in student loan debt pursuant to 11 U.S.C.S. § 523(a)(8).
Ruling: 
Student loan debt discharged except to the extent debtors could afford to pay.
ABI Membership is required to access the full summary of Ristow v. Great Lakes Educ. Loan Servs. (In re Ristow). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 30,2011, LexisNexis #0811-053

In re Stevenson

A hearing was held on debtor's First and Final Application for Payment of Compensation for Debtor's Counsel, and debtor's Motion for Voluntary Dismissal of the Case. The Assistant U.S. Trustee and two creditors filed an objections.
Ruling: 
Debtor's counsel's fees denied where original interim fee was adequate and counsel failed to disclose potential conflicts.
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Consumer case opionion summary, case decided on June 09,2011, LexisNexis #0711-107

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