Winter Leadership Conference | December 5-7 | Rancho Palos Verdes , CA Register Today View Schedule

Arizona

In re Hooper

Chapter 7 trustee filed a motion, pursuant to 11 U.S.C.S. § 542, to compel the debtors to turn over any tax refunds generated as a result of the passage of the Worker, Homeownership and Business Assistance Act (WHBAA).
Ruling: 
Net operating losses and refunds granted under the Worker, Homeownership and Business Assistance Act were property of the estate.
ABI Membership is required to access the full summary of In re Hooper. 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 December 14,2010, LexisNexis #0111-089

In re Barron

A creditor filed a pro se motion to approve debtors' reaffirmation agreement on a motor vehicle.
Ruling: 
Reaffirmation agreement was unenforceable due to debtor's counsel's failure to provide requisite endorsement.
ABI Membership is required to access the full summary of In re Barron. 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 December 14,2010, LexisNexis #0111-088

In re Linda Vista Cinemas LLC

A bankruptcy debtor's plan of reorganization for its multiplex theater operation proposed to repay all of its creditors in full over a period of time, with contributions to the debtor as needed by the principals and affiliates of the debtor which would also continue their guarantees of the obligations of the debtor to a bank which was the debtor's primary secured creditor. The bank objected to confirmation of the debtor's plan.
Ruling: 
Confirmation of chapter 11 plan denied due to proposed injunction of collection actions against third party guarantors.
ABI Membership is required to access the full summary of In re Linda Vista Cinemas 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 November 24,2010, LexisNexis #0111-014

In re Loop 76 LLC

A secured creditor objected that the debtor's pending plan of reorganization violated 11 U.S.C.S. § 1122 by classifying the creditor's guaranteed deficiency claim separately from the unguaranteed trade vendor claims.
Ruling: 
Guaranteed deficiency claim properly classified separately from unsecured trade vendor claims.
ABI Membership is required to access the full summary of In re Loop 76 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 November 22,2010, LexisNexis #1210-132

In re Seasons Partners LLC

A chapter 11 debtor presented a plan of reorganization for confirmation. A secured creditor objected on various grounds. The creditor also moved for reconsideration of a valuation opinion.
Ruling: 
Bankruptcy court declined to reconsider valuation in confirming debtor's plan as objecting creditor had opted to be treated as fully secured.
ABI Membership is required to access the full summary of In re Seasons Partners 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 October 28,2010, LexisNexis #1210-026

In re Lyon

A creditor, seeking to set off chapter 13 debtors' funds in a deposit account against the credit card loan balance owed by the debtors, filed a contested motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1).
Ruling: 
Stay lifted to allow creditor to sell off funds in deposit account against credit card balance.
ABI Membership is required to access the full summary of In re Lyon. 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 September 20,2010, LexisNexis #1110-007

In re Bashas Inc.

Three affiliated chapter 11 debtors requested that their creditors be consolidated and included for payment within an overall plan of reorganization, and presented a single plan for court approval, along with modifications thereto urged by the debtors to be non-adverse. Certain creditors, including banks, note holders, and litigants, filed oppositions to the plan.
Ruling: 
Chapter 11 plan confirmed over objection of banks and note holders who would receive market rates of interest.
ABI Membership is required to access the full summary of In re Bashas Inc.. 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 August 13,2010, LexisNexis #1110-030

In re Sunrise Hospitality LLC

A confirmation hearing was held on a chapter 11 debtor's plan of reorganization pursuant to 11 U.S.C.S. § 1129 and other applicable provisions of the Bankruptcy Code.
Ruling: 
Confirmation denied for lack of feasibility due to insufficient interest payments, final balloon payment and apparent inability to meet expenses.
ABI Membership is required to access the full summary of In re Sunrise Hospitality 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 August 06,2010, LexisNexis #0910-130

Birdsell v. Bella Funding LLC (In re Arvizu Constr. Inc.)

Plaintiff chapter 7 trustee filed a complaint against defendant, an agent of the transferees, seeking to avoid a deed of trust under the bona fide purchaser prong of the strong arm clause in 11 U.S.C.S. § 544(a)(3).
Ruling: 
Recorded, but improperly indexed, deed of trust was not subject to avoidance by trustee.
ABI Membership is required to access the full summary of Birdsell v. Bella Funding LLC (In re Arvizu Constr. Inc.). 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 22,2010, LexisNexis #0910-054

In re Linda Vista Cinemas LLC

A hearing was held concerning debtor's request for an 11 U.S.C.S. § 105(a) injunction against a creditor (bank) to enjoin it from foreclosure against the collateral of certain non- debtor guarantors of debtor's obligation to the bank.
Ruling: 
Injunction preventing foreclosure granted to prevent adverse affect on debtor's reorganization.
ABI Membership is required to access the full summary of In re Linda Vista Cinemas 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 May 25,2010, LexisNexis #0810-071

Pages

Subscribe to Arizona