NOT FOR PUBLICATION ORDER GRANTING TRUSTEE'S MOTION FOR SUMMARY JUDGMENT DANIEL P. COLLINS , Bankruptcy Judge . David Reaves, Chapter 7 Trustee of the CW Capital Fund One bankruptcy estate, moved to intervene in Gun Bo's fraudulent-transfer adversary proceeding against CWI Investor Holdings Three and Westpark One. Reaves then moved for summary judgment, asserting the estate's ownership of the fraudulent-transfer claims. Gun Bo cross-moved for summary judgment on the same issue. The Court...
Objection to Exemption EDDWARD P. BALLINGER, Jr. , Bankruptcy Judge . Before the Court is Trustee Lawrence J. Warfields's objection to Debtor Kristi Lynn Pacheco's claimed exemption under Arizona Revised Statute ("A.R.S.") section 33-1126 in a 401(k) account she inherited from her ex-husband. 1 The exemption claim is based upon A.R.S. 33-1126(B), which provides: B. Any money or other assets payable to a participant in or beneficiary of, or any interest of any participant or beneficiary...
NOT FOR PUBLICATION ORDER DENYING GAMMAGE & BURNHAM'S MOTION FOR RECONSIDERATION DANIEL P. COLLINS , Bankruptcy Judge . Special Counsel to Chapter 7 Trustee Lothar Goernitz opened this adversary proceeding via removal of a lawsuit from state court. Trustee subsequently twice amended the Complaint. Defendants Gammage & Burnham, PLC and James Polese twice moved to dismiss these two iterations of the Trustee's Complaint. After briefing and oral argument, the Court subsequently denied...
ORDER GRANTING MOTION TO REDACT AND RESTRICT PUBLIC ACCESS TO CONSUMER IDENTIFYING INFORMATION AND AUTHORIZING THE FILING OF THE REPLACEMENT FILING PAUL SALA , Bankrupty Judge . Upon consideration of the motion for entry of an order, pursuant to sections 105(a) and 107(c) of the Bankruptcy Code and Bankruptcy Rule 9037(i) directing the Clerk of the Court to permanently restrict remote electronic access to the Filing, and (ii) authorizing the filing of a Replacement Filing; and the Court...
ORDER ON MOTION FOR RELIEF FROM THE AUTOMATIC STAY DANIEL P. COLLINS , Chief Bankruptcy Judge . TD Auto Finance LLC, having filed its Motion for Relief from the Automatic Stay on May 27, 2015, ("the motion"). The court finds that there were no timely written objections filed to the motion. The court further finds there is no equity in the subject property for the bankruptcy estate, IT IS ORDERED terminating the automatic stay imposed by 11 U.S.C. 362(a) as it is applicable to the...
Objection to Exemption Eddward P. Ballinger, Jr. , Bankruptcy Judge Before the Court is Trustee Lawrence J. Warfields's objection to Debtor Kristi Lynn Pacheco's claimed exemption under Arizona Revised Statute ("A.R.S.") section 33-1126 in a 401(k) account she inherited from her ex-husband. 1 The exemption claim is based upon A.R.S. 33-1126(B), which provides: B. Any money or other assets payable to a participant in or beneficiary of, or any interest of any participant or...
