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Arizona

Espinosa v. United Student Aid Funds Inc. (In re Espinosa)

The U.S. Court of Appeals for the Ninth Circuit issued a remand order to the Court to determine if sanctions should be imposed against defendant, a student loan creditor, for a willful violation of the discharge injunction. Plaintiff was debtor.
Ruling: 
Student loan creditor sanctioned for violation of discharge injunction.
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Consumer case opionion summary, case decided on June 08,2011, LexisNexis #0711-140

In re Red Mt. Mach. Co.

Secured creditor bank filed an appeal from an order confirming the chapter 11 debtor's first amended plan of reorganization, and requested a stay pending appeal pursuant to Fed. R. Bankr. P. 8005. The debtor objected to the stay pending appeal.
Ruling: 
Creditor who made 1111(b) election was entitled to stay pending appeal.
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Commercial case opionion summary, case decided on June 02,2011, LexisNexis #0611-131

PCC Inv. V. Saguaro Guest Ranch Mgmt. Corp. (In re Saguaro Guest Ranch Dev. Corp.)

The debtors, parties involved in a real estate development project, sought confirmation of a third reorganization plan.
Ruling: 
Confirmation denied under feasibility standard and fair and equitable requirements.
ABI Membership is required to access the full summary of PCC Inv. V. Saguaro Guest Ranch Mgmt. Corp. (In re Saguaro Guest Ranch Dev. Corp.). 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 June 01,2011, LexisNexis #0711-095

In re Burgueno

Bankruptcy creditors, homeowners' associations (HOA), sought to collect post-petition fees from debtor. Debtor filed motions seeking orders determining that the HOAs were bound by the confirmed plan and therefore limited to their allowed pre-petition claims.
Ruling: 
Termination of possessory interest in condominium did not terminate debtor's nondischargeable liability to association.
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Consumer case opionion summary, case decided on May 26,2011, LexisNexis #0611-087

In re U.S. Corp.

The court issued an order to show cause as to why an involuntary Chapter 11 petition against an entity called "U.S. Corp." (Alleged Debtor) should not be dismissed.
Ruling: 
United States was not eligible to be an involuntary debtor.
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Commercial case opionion summary, case decided on May 18,2011, LexisNexis #0611-037

Mondotte v. Zimmerman (In re Zimmerman)

Creditor filed a complaint against chapter 7 debtor seeking a determination that a debt was non-dischargeable under 11 U.S.C.S. § 523(a)(2) and (4) and alleging that the debtor's discharge should be denied pursuant to 11 U.S.C.S. § 727. The creditor also sought punitive damages. At the conclusion of the creditor's case, the court granted the debtor's oral motion for involuntary dismissal of the § 727 counts.
Ruling: 
Fraudulent Mexican real estate transaction was grounds for nondischargeability.
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Consumer case opionion summary, case decided on May 06,2011, LexisNexis #0611-013

In re Red Mt. Mach. Co.

Bankruptcy debtors sought confirmation of a plan of reorganization which treated a creditor's secured claim to be paid at present value plus interest, the creditor's deficiency claim from a prior sale of assets as unsecured, and a cash payment by principals of the debtors in exchange for total equity in the reorganized debtor. The creditor objected to confirmation of the debtors' plan.
Ruling: 
Plan confirmed over creditor's objection to classification of deficiency claim as unsecured.
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Commercial case opionion summary, case decided on April 14,2011, LexisNexis #0511-068

Mann v. Steele (In re Steele)

Plaintiff Chapter 7 trustee commenced an adversary proceeding against defendants, the debtor and the church that he founded, seeking recovery of a transfer pursuant to 11 U.S.C.S. §§ 547, 548(a)(1)(A)-(B), and 550(a)(1). The trustee also sought to revoke the debtor's discharge pursuant to 11 U.S.C.S. § 727(d)(1) and § 727(d)(2).
Ruling: 
Trustee could recover more than fair share of proceeds retained by church from sale of vehicle co-owned with debtor pastor as a constructively fraudulent transfer.
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Consumer case opionion summary, case decided on March 31,2011, LexisNexis #0511-123

Hoyt v. Aerus Holdings LLC

Plaintiffs, shareholders of a corporation that was a chapter 7 debtor in a Tennessee bankruptcy court (transferee court), moved to remand the case, removed by defendants, the alleged transferees of debtor's assets, from an Arizona state court. Plaintiffs also asserted claims based on one defendant's guaranty. Defendants opposed remand and sought a venue transfer per 28 U.S.C.S. § 1412 to the transferee court. One defendant also sought dismissal.
Ruling: 
Claims concerning fraudulent transfer overlapped with action vested in trustee and could only be asserted by trustee.
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Commercial case opionion summary, case decided on March 10,2011, LexisNexis #0411-018

Birdsell v. Richardson (In re Richardson)

Plaintiff Chapter 7 trustee's complaint, seeking to deny defendant debtor a Chapter 7 discharge, was heard as a bench trial before the court. The matter was thereafter submitted for decision. An interim order was entered on December 2, 2010, announcing the court's decision. Pending was entry of the court's findings and conclusions.
Ruling: 
Discharge denied due to intent to hinder, delay and defraud and materially false omissions.
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Consumer case opionion summary, case decided on December 15,2010, LexisNexis #0111-093

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