[NOT FOR PUBLICATION] UNDER ADVISEMENT ORDER RE ATTORNEYS' FEES DANIEL P. COLLINS , Chief Bankruptcy Judge . Before the Court is Louis Elias Mejia and Cindy Lyn Zumstein's ("Debtors") Motion ("Claim Objection") to Determine Amount of Allowed Claim for Post-Petition Attorneys' Fees Under 11 U.S.C. 506(B) for JASSMR Corporation ("JASSMR") (DE 136) 1 . Except for all its claimed attorneys' fees, JASSMR was paid all amounts owed to it when JASSMR's collateral was sold in July 2017. Debtors...
NOT FOR PUBLICATION UNDER ADVISEMENT RULING DANIEL P. COLLINS , Chief Bankruptcy Judge . Before the Court is a Motion for Relief from Automatic Stay ("Motion") filed by U.S. Bank NA ("Movant") regarding real property owned by Va Bene Trist, LLC ("Debtor") located at 30019 N. 150th St., Scottsdale, Arizona 85262 (the "Property") (DE 33). 1 The Court considered arguments made by the parties through written briefs and two oral arguments held on August 21 and September 20, 2017. The focus of...
(Not For Publication) Order Regarding Fees and Expenses Sought to be Held Nondischargeable Under 11 U.S.C. 523(a)(5) DANIEL P. COLLINS , Bankruptcy Judge . On April 3, 2017, the Court held that amounts awarded to Martin Yee ("Dr. Yee") by the Arizona Superior Court, Maricopa County ("State Court") were nondischargeable under 11 U.S.C. 523(a)(5). 1 Now Dr. Yee seeks this Court's order awarding him fees and expenses incurred in these bankruptcy proceedings and declaring that such...
JUDGMENT SCOTT H. GAN , Bankruptcy Judge . Pursuant to Federal Rule of Civil Procedure 54(b), applicable to adversary proceedings under Bankruptcy Rule of Civil Procedure 7054(a), these matters having come before the Court and the Court having granted Gil Olguin his Motions to Dismiss Plaintiffs' Amended Complaints, and all claims against him therein, with prejudice and without leave to amend, in both Adversary Proceedings No. 2:16-ap-00127-SHG and No. 2:16-ap-00518-SHG pursuant to and for...
ORDER DENYING DEBTOR'S MOTIONS (1) FOR EXTENSION TO FILE APPEAL PURSUANT TO RULE 8002(d)(1)(B) AND (2) WAIVER OF THE APPELLATE FILING FEE IN A CHAPTER 7 CASE DANIEL P. COLLINS , Bankruptcy Judge . On May 1, 2017, Debtor, Dannielle G. Owens ("Owens" or "Debtor"), filed her motion for extension to file appeal pursuant to Rule 8002(d)(1)(B) ("Extension Motion") and her application for waiver of the appellate filing fee in a chapter 7 case ("Motion for Fee Waiver"). The Court denies both of...
[NOT FOR PUBLICATION] UNDER ADVISEMENT RULING DENYING THE REISH PARTIES' CROSS MOTION FOR SUMMARY JUDGMENT, AND PARTIALLY GRANTING THE LIQUIDATING TRUST'S MOTION FOR SUMMARY JUDGMENT DANIEL P. COLLINS , Chief Bankruptcy Judge . Before the Court are the Motion for Summary Judgment ("MSJ") filed by the Liquidating Trust and the Cross-Motion for Summary Judgment ("Cross MSJ") filed by the Reish Parties. 1 In summary, the parties contend that the November 25, 2015 transfer of helicopter 41FF...
[NOT FOR PUBLICATION] ORDER HOLDING DAVID R. WROBLEWSKI IN CONTEMPT REGARDING MISUSE OF IOLTA TRUST FUNDS DANIEL P. COLLINS , Bankruptcy Judge . This matter came on for continued hearing on March 30, 2017, regarding the Order to Show Cause issued to David R. Wroblewski ("Wroblewski") 1 as to why he should not be held in contempt for failure to adequately explain the use of funds from Interest on Lawyers Trust Accounts ("IOLTA") controlled by him. The purpose of this Order is to provide a...
NOT FOR PUBLICATION UNDER ADVISEMENT RULING ON DISPOSITION OF FUNDS HELD BY CHAPTER 13 TRUSTE POST-DISMISSAL DANIEL P. COLLINS , Chief Bankruptcy Judge . Subsequent to dismissal of this chapter 13 case, on December 7, 2016, Judgment Creditor Mark B. Pyper ("Pyper") garnished the Chapter 13 Trustee, Edward J. Maney ("Trustee"), seeking partial satisfaction of a $101,343.00 judgment from the funds paid to the Trustee during the course of Jeffrey Kohner's ("Debtor") chapter 13 case. Debtor's...
NOT FOR PUBLICATION DANIEL P. COLLINS , Chief Bankruptcy Judge . This matter came before the Court on Trustee's Motion to Determine Validity of Bankruptcy Filing. Trustee disputes the validity of the Debtor's chapter 7 filing because the Declaration of Electronic Filing was signed by Debtor's daughter Alisa Hake who, at the time, held a power of attorney for the Debtor. After consideration, the Court now confirms the validity of this proceeding. I. Background Alejandrina Wilson ("Debtor")...
NOT FOR PUBLICATION Amended Under Advisement Ruling on Debtor's Motion for Reconsideration of Order Sustaining Trustee's Objection to Claimed Exemption DANIEL P. COLLINS , Bankruptcy Judge . On December 13, 2016, the Court entered an Order Sustaining Trustee's Objection to Claimed Exemption. Debtor filed a Motion for Reconsideration of the Order. The Debtor has not provided sufficient grounds for the Court to grant relief from the Order. The Motion for Reconsideration is denied. I....
NOT FOR PUBLICATION Amended Under Advisement Ruling on Trustee's Motion to Compel Turnover of Non-Exempt Funds DANIEL P. COLLINS , Bankruptcy Judge . Chapter 7 Trustee William Pierce, through counsel, filed a motion to compel turnover of funds determined to be nonexempt by court order. Debtor filed a response, arguing the funds are exempt Social Security proceeds. After consideration, the Court finds the arguments raised in the response are untimely. Therefore, the Court is granting the...
NOT FOR PUBLICATION SUA SPONTE ORDER DISMISSING ADVERSARY PROCEEDING DANIEL P. COLLINS , Bankruptcy Judge . The Court is in receipt of Plaintiff Anthony DePetris' Complaint (the "Complaint") dated January 11, 2017 filed at 2:17-ap-00021-DPC. (17-ap-00021, DE 1). The Court finds that the facts and relief requested in the Complaint are substantially the same as the facts and relief requested in the Motion to Reopen Adversary Proceeding filed in 2:06-ap-00063-DPC at docket number 55 on...
NOT FOR PUBLICATION ORDER DENYING DEPETRIS AND PALMER MOTION TO REOPEN CASES DANIEL P. COLLINS , Bankruptcy Judge . The Court is in receipt of Anthony DePetris' Notice of Appeal and Statement of Election dated January 23, 2017, as well as his Motion for Reconsideration dated January 23, 2017. For the reasons stated below, the Court denies the Motion for Reconsideration. I. Procedural History On December 12, 2016, Mr. DePetris filed a Motion to Reopen the adversary proceeding 2:06-ap-...
NOT FOR PUBLICATION Under Advisement Ruling on Debtor's Motion for Reconsideration of Order Sustaining Trustee's Objection to Claimed Exemption DANIEL P. COLLINS , Bankruptcy Judge . On December 13, 2016, the Court entered an Order Sustaining Trustee's Objection to Claimed Exemption. Debtor filed a Motion for Reconsideration of the Order. The Debtor has not provided sufficient grounds for the Court to grant relief from the Order. The Motion for Reconsideration is denied. I. Procedural...
