NOT FOR PUBLICATION UNDER ADVISEMENT ORDER DANIEL P. COLLINS , Bankruptcy Judge . This adversary proceeding ("Adversary Proceeding") involves claims to deny Debtors' discharge and to hold non-dischargeable Plaintiff's claims against Defendants arising out of a series of loans and/or investments made with Defendants by Plaintiff in 2014. Having heard the parties' evidence at trial, having read the parties' post-trial briefs and having heard the arguments of counsel, the Court now rules in...
NOT FOR PUBLICATION UNDER ADVISEMENT RULING ON PLAINTIFF'S APPLICATION FOR AWARD OF ATTORNEYS' FEES DANIEL P. COLLINS , Bankruptcy Judge . Before this Court are Plaintiff's, Timothy R. Wright's ("Plaintiff") Application for Award of Attorneys' Fees 1 ("Fee Application"), Defendants', Ahmad Wali Mailatyar and Edyta Kamila Mailatyar's ("Defendants") Response and Opposition to Plaintiff's Application for Award of Attorney's Fees and Costs 2 ("Response"), Plaintiff's Reply in Support of...
NOT FOR PUBLICATION UNDER ADVISEMENT ORDER ON MOTION AND CROSS MOTION FOR SUMMARY JUDGMENT DANIEL P. COLLINS , Bankruptcy Judge . Before this Court is Plaintiff, Robert A. Mackenzie's ("Plaintiff") Motion for Partial Summary Judgment ("Motion"), Defendants', Robert and Karen Adams' ("Defendants") Response and Cross Motion for Summary Judgment ("Response"), and Plaintiff's Reply in Support of Motion for Partial Summary Judgment ("Reply"). After reviewing the parties' briefs and hearing...
RULING AND ORDER REGARDING DEBTOR/DEFENDANT'S MOTION FOR SUMMARY JUDGMENT Brenda Moody Whinery , Chief Bankruptcy Judge . This matter came before the Court pursuant to the Motion to Dismiss Adversary Proceeding (the "Motion") (Dkt. 6) filed by Victor R. Wilson ("Mr. Wilson" and/or the "Defendant") on December 20, 2018; the Response to Motion to Dismiss Adversary Proceeding (the "Response") (Dkt. 9) filed by Bruce Cozart ("Mr. Cozart" and/or the "Plaintiff") on January 18, 2019; the...
[NOT FOR PUBLICATION] UNDER ADVISEMENT ORDER REGARDING DISCOVERY DISPUTES DANIEL P. COLLINS , Bankruptcy Judge . Before this Court is the Motion 1 (the "Expert Discovery Motion") of Defendant Amazon Services LLC ("Defendant" or "Amazon") to compel discovery from Plaintiff, Timothy H. Shaffer, Chapter 11 Trustee ("Plaintiff") as well as Plaintiff's request 2 to reset a hearing on his April 10, 2015 Motion 3 to Compel Production of Documents Claimed to be Privileged (the "Gibson Motion")....
[NOT FOR PUBLICATION] UNDER ADVISEMENT RULING ON TRUSTEE'S OBJECTION TO CLAIMED EXEMPTION DANIEL P. COLLINS , Bankruptcy Judge . Before this Court is Trustee, Robert A. Mackenzie's, ("Trustee") Response to Debtor's Amended Claimed Exemptions 1 ("Trustee's Objection"), Kara Frances Jennings' ("Debtor") Response to Trustee's Objection to Claimed Exemption 2 ("Debtor's Response"), and Trustee's Reply to Debtor's Response to Objection to Claimed Exemptions 3 ("Trustee's Reply"). In...
ORDER DANIEL P. COLLINS , Bankruptcy Judge . At a hearing before this Court on August 26, 2019, Nathan Arp, principal of Chapter 11 Debtors, ARP Family Farms, G.P. and ARP Custom Farming, LLC ("Debtors"), jointly administered under Case no. 2:18-bk-14173-DPC, consented to convert Debtors bankruptcy cases from Chapter 11 to Chapter 7. IT IS ORDERED converting Debtors' Chapter 11 cases to cases under Chapter 7. SO ORDERED.
SUPPLEMENTAL MEMORANDUM DECISION Brenda Moody Whinery , Chief Bankruptcy Judge . I. Introduction This matter is before the Court pursuant to the [Proposed] Judgment (the "Proposed Judgment") submitted by the Debtor, Ronda Sneva ("Ms. Sneva") (Dkt. 44 at Ex. A); the Notice of Filing Proposed Revisions to Form of Judgment (the "Proposed Revisions") submitted by Gary Sneva ("Mr. Sneva") (Dkt. 45); the Objection to Ronda Sneva's [Revised] Proposed Judgment (the "Objection") filed by R &...
[NOT FOR PUBLICATION] ORDER RE HOMESTEAD PROCEEDS DANIEL P. COLLINS , Bankruptcy Judge . This matter came before the Court on June 4, 2019, at 10:00 a.m. for an evidentiary hearing on the Motion ("Motion") to Compel Turnover of Estate Property (Admin. Dkt. No. 53) filed by the chapter 7 trustee, Lawrence J. Warfield ("Trustee"). The Trustee appeared through counsel. Despite notice provided to them, Mu Won and Hye Won ("Debtors") failed to appear at the June 4 trial. Debtors are...
RULING AND ORDER REGARDING DEBTOR'S MOTION TO SET ASIDE DEFAULT JUDGMENT AND MOTION TO ENLARGE TIME BRENDA MOODY WHINERY , Chief Bankruptcy Judge . This matter came before the Court pursuant to the Debtor's Motion to Set Aside Default Judgment and Motion to Enlarge Time (the "Motion") (Dkt. 14) filed by Frank Daniel Kresock, Jr. (the "Debtor") on May 10, 2019, in which the Debtor asks the Court to set aside the Judgment Denying Discharge of Debtor/Defendant Frank Daniel Kresock (the "...
NOT FOR PUBLICATION UNDER ADVISEMENT RULING RE: MOTION AND COUNTER-MOTION FOR SUMMARY JUDGMENT DANIEL P. COLLINS , Bankruptcy Judge . Before this Court are a Motion and Counter-Motion for Summary Judgment to determine whether a state court judgment for attorneys' fees is a domestic support obligation ("DSO"). Kimberly Lauren Hurst ("Ms. Hurst") holds a judgment ("Judgment") against Aaron Joseph Hurst ("Debtor") arising from a divorce case #FC2014-009478 ("Divorce Case") in the Superior...
PARTIAL RULING AND ORDER REGARDING: MOTION TO ENFORCE ORDER CONFIRMING PLAN OF REORGANIZATION AND FOR ORDER COMPELLING UETA OF ARIZONA, INC. TO COMPLY WITH THE TERMS OF TRUSTEE'S PLAN OF REORGANIZATION Brenda Moody Whinery , Chief Bankruptcy Judge . This matter came before the Court pursuant to the Motion to Enforce Order Confirming Plan of Reorganization and for Order Compelling UETA of Arizona, Inc. to Comply with the Terms of Trustee's Plan of Reorganization (the "Motion") filed...
RULING AND ORDER REGARDING DEBTOR'S EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AGAINST PINAL COUNTY, ET AL. BRENDA MOODY WHINERY , Bankruptcy Judge . This matter came before the Court pursuant to the Emergency Motion for Temporary Restraining Order Against Pinal County and Its Attorneys, Judges, and Zoning Officials or Their Associates, Agents, or Assigns (the "Motion") (Dkt. 218) filed by John C. Buchanan (the "Debtor") on August 23, 2018, in which the Debtor asks the Court to...
RULING AND ORDER REGARDING DEBTOR'S EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AGAINST PIMA COUNTY, ET AL. BRENDA MOODY WHINERY , Bankruptcy Judge . This matter came before the Court pursuant to the Emergency Motion for Temporary Restraining Order Against Pima County and Its Attorneys, Judges, and Dwight W. Connely or Their Associates, Agents, or Assigns (the "Motion") (Dkt. 209) filed by John C. Buchanan (the "Debtor") on July 20, 2018, in which the Debtor asks the Court to enjoin...
[NOT FOR PUBLICATION] ORDER RE MOTION FOR CLARIFICATION OF THE COURT'S FEBRUARY 11, 2019 ORDER DANIEL P. COLLINS , Bankruptcy Judge . Before this Court is the Motion ("Motion") of Plaintiff, MorrisAnderson & Associates, Ltd., Litigation Trustee ("Plaintiff") for Clarification of Under Advisement Order Re: Motion in Limine No. 2 (Alter Ego/Piercing the Corporate Veil). 1 Defendants filed an Objection ("Objection") to the Motion. 2 Plaintiff filed a reply. 3 Oral argument was heard by...
RULING AND ORDER REGARDING MOTIONS FOR SUMMARY JUDMENT BRENDA MOODY WHINERY , Chief Bankruptcy Judge . This matter came before the Court pursuant to the Debtors' Motion for Summary Judgment (the "Motion") (Dkt. 29) and the Debtors' Separate Statement of Facts ("Debtors' SOF") (Dkt. 30), filed by Trent M. Duran and Christine M. Duran (collectively, the "Debtors" and/or "Defendants") on September 25, 2018, and the Response to Debtors' Motion for Summary Judgment and Cross-Motion for...
NOT FOR PUBLICATION ORDER REGARDING AUTHORITY TO ENTER FINAL ORDERS IN THIS ADVERSARY PROCEEDING DANIEL P. COLLINS , Bankruptcy Judge . Before this Court are the parties' briefs on this Court's authority to enter final orders in the above-captioned adversary proceeding. Defendants Jerry Moyes, J. Kevin Burdette, Redeye II, LLC, Transjet, Inc., Swift Aviation Sales, Inc., Swift Aviation Management, Inc., Swift Aviation Group, Inc., SME Steel Contractors, Inc., Swift Aircraft Management,...
RULING AND ORDER REGARDING MOTION FOR STAY PENDING APPEAL BRENDA MOODY WHINERY , Bankruptcy Judge . This matter came before the Court pursuant to the Motion for Stay Pending Appeal (the "Motion for Stay") (Dkt. 189) filed by Edgar Todeschi and Georgina Ponce (the "Creditors"), in which the Creditors move the Court pursuant to Federal Rule of Bankruptcy Procedure 8007 to stay the Court's Ruling and Order Regarding Chapter 11 Plan Confirmation (the "Ruling & Order") (Dkt. 162) and...
UNDER ADVISEMENT ORDER RE MOTION IN LIMINE NO. 1 (LEGACY RECEIVABLE) DANIEL P. COLLINS , Bankruptcy Judge . Before this Court is Defendants' January 29, 2019 Motion in Limine No. 1: Motion to Exclude Evidence Concerning the Legacy Receivable Transaction ("Motion") (DE 447) seeking to preclude Plaintiff's introduction of "any evidence or argument regarding the Legacy Receivable transaction at trial, or with respect to further proceedings in this case." The Court hereby denies the Motion but...
UNDER ADVISEMENT ORDER RE MOTION IN LIMINE NO. 2 (ALTER EGO/PIERCING THE VEIL) DANIEL P. COLLINS , Bankruptcy Judge . Before this Court is the Defendants' January 30, 2019 Motion ("Motion") in Limine No. 2: Motion to Exclude Evidence Concerning Alter Ego, Piercing the Corporate Veil and to Enforce the Law of the Case (DE 451). The Motion seeks this Court's order precluding Plaintiff "from seeking any relief based on alter ego/piercing of the corporate veil." The Motion is granted to the...
