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Summary: 121 B.R. 257 (1990) In re the CIRCLE K CORPORATION, Circle K Convenience Stores, Inc., Circle K Management Company, Lar-Lin, Inc., First Circle Properties, Inc., Utotem, Inc., Utotem Markets of Arizona, Inc., U Totem of Alabama, Inc., U-Tote'M of Colorado Inc., U-Tote'M of Miami, Inc., Tic Toc Systems, Inc., Monterre Properties, Inc., Shop & Go, Inc., Circle K General, Inc., Circle K Hawaii, Inc., Combined Aviation Co., Charter Marketing Company (Connecticut), Charter Marketing Company, Mr. B's ......read more.


Summary: 166 B.R. 908 (1994) In re AMERICA WEST AIRLINES, INC., Debtor. The Investment Procedure Order approved a stipulation between America West, the Official Committees, and Texas Commerce Trust Company, N.A., which provided that if the Lead Plan Proposal selected by America West was made by a third party, that party "will be entitled to reasonable bidding protections, which may include topping fees, break-up fees, and reimbursement of expense." On February 24, 1994, America West selected a proposal s......read more.


Summary: 329 B.R. 291 (2005) In re Edward A. TUCKER and Deolinda V. Tucker, Debtors. The issue is the ownership of three vehicles sold by Par to Harvest Car Company, which was a dba of the Debtor Edward Tucker (hereafter referred to as "Tucker" or "Harvest"). Tucker and DAVCO had a financing agreement[2] whereby DAVCO or C.T. Cook provided floor financing to Tucker to allow Tucker to purchase vehicles and hold them for resale. Per the financing agreement and business dealings between DAVCO and Tucker, Tu......read more.


Summary: 34 B.R. 666 (1983) In re George A. NORTON and Gayle D. Norton, husband and wife, dba G & N Fun Tours, Debtors. BAND OF KNIGHTS BOOSTER CLUB, Plaintiff, v. George A. NORTON and Gayle D. Norton, dba G & N Fun Tours, Defendants. Sworn testimony by Association members Margaret Clark, Arthur Millin, Kathryn Millin and Laurence A. Clark was received that George A. Norton requested this ten thousand dollar payment as a deposit for aircraft seating on Laker Airways Limited.


Summary: 345 B.R. 182 (2004) In re Edward KILE, Debtor. Before the court is a fee application filed by the Debtor's chapter 11 counsel, who seeks fees for such representation in the amount of $80,764, together with costs of $2,135.73. The Short-Lived Ribsy Bankruptcy When the Debtor and his wife began experiencing financial difficulties, and the Solana Beach residence became the subject of a foreclosure by the Mudge Group, legal life for the Kiles picked up its pace. D. Edward Kile Files Chapter 11 In Ar......read more.


Summary: 251 B.R. 137 (2000) In re Kathryn Olegna STEINER, Debtor. LR Partners, L.L.C., an Arizona limited liability company, Movant, v. Kathryn Olegna Steiner, and Ralph M. McDonald, Chapter 13 Trustee, Defendant. Kathryn Steiner filed this chapter 13 case on May 1, 2000. The final hearing on LR Partners' lift stay motion was held on July 13, 2000, at which the Court heard testimony from Kathryn Steiner and from the principal of LR Partners and then took the matter under advisement. [2] The Ninth Circui......read more.


Summary: 170 B.R. 404 (1994) In re Russell MILLS and Leslie D. Mills, Debtors. FACTS Russell Mills works in the construction industry. [2] Mr. and Mrs. Mills first went to Hessinger's office in January, 1994. Another assistant in the office, named Annette, helped Mr. and Mrs. Mills fill out their Petition and Schedules. Mr. and Mrs. Mills have made payments on the fee, not to Hessinger, but to an entity named "CFFM." Not knowing who or what this entity is, Mrs. Mills called the telephone number listed on......read more.


Summary: 146 B.R. 453 (1992) EVERETT HOME TOWN LIMITED PARTNERSHIP. I. FACTS The Debtor is an Arizona limited partnership whose main asset is the Ventana Canyon Golf and Racquet Club (the "Club") in Tucson, Arizona. In September 1991, the Debtor amended its certificate of limited partnership filed with the Arizona Secretary of State to change its name to Everett Hometown Limited Partnership from Ventana Canyon Limited Partnership. Section 552(b) of the Code allows a pre-petition security interest in "pro......read more.


Summary: 376 B.R. 281 (2007) In re SOUTHWEST SUPERMARKETS, LLC, Southwest Holdings, LLC, Debtors. Daniel P. Collins, Trustee for the Bankruptcy Estate of Southwest Supermarkets, LLC; Southwest Holdings, LLC, Plaintiffs, v. Kohlberg and Company, et al., Defendants. NOTES [1] Collins v. Kohlberg & Co. (In re Southwest Supermarkets, LLC), 315 B.R. 565, 575-76 (Bankr.D.Ariz.2004)(hereafter Collins I).


Summary: 141 B.R. 688 (1992) In re the CIRCLE K CORPORATION; Circle K Convenience Stores, Inc.; Circle K Management Company; Lar-Lin, Inc.; First Circle Properties, Inc.; Utotem, Inc.; Utotem Markets of Arizona, Inc.; U Totem of Alabama, Inc.; U-Tote'm of Colorado Inc.; U-Tote'm of Miami, Inc.; Tic Toc Systems, Inc.; Monterre Properties, Inc.; Shop & Go, Inc.; Circle K General, Inc.; Circle K Hawaii, Inc.; Combined Aviation Co.; Charter Marketing Company (Connecticut); Charter Marketing Company; Mr. B's ......read more.


Summary: 79 B.R. 1 (1987) In re Florence Jean BLAIR, Debtor. The facts necessary to an understanding of this contested matter follow: *2 I On February 9, 1984, Paul Merritt Construction, Inc. and Ms. Florence Jean Blair contracted for construction by Merritt of a new residence on land owned by Ms. Blair in Groom Creek, Yavapai County, Arizona. Whether the parties' intent was to prevent debtor from taking possession until payment was made, or to ensure the builder had complete access during construction, ......read more.


Summary: 214 B.R. 382 (1997) In re AMERICA WEST AIRLINES, INC., a Delaware Corporation, Debtor. AMERICA WEST AIRLINES, INC., Plaintiff, v. CITY OF PHOENIX, ARIZONA, Defendant. *383 Carl A. Ecklund, John C. Parks, Annette W. Jarvis, LeBoeuf, Lamb, Greene & MacRae, Denver, CO, Charles R. Sterbach, Gallagher & Kennedy, Phoenix, AZ (local counsel), for America West Airlines. This matter is before the Court pursuant to Debtor's Motion for Leave to Compromise Controversy and for Approval of Settlement Agreemen......read more.


Summary: 115 B.R. 231 (1990) In re Norman BANCHIK and Helen Banchik, Debtors. Since Mrs. Banchik did not execute the guarantees, there is no recourse against debtors' community under applicable state law.




Summary: 141 B.R. 700 (1992) In re John W. WOODHALL and Valleda Woodhall, Debtors. I Applicant's position is that Wadsworth required debtors to file complete, accurate statements and schedules, and questioned debtors to inform creditors as to estate assets and liabilities. Wadsworth is seeking fees for attending continued § 341 meetings, reviewing debtors' schedules and statements and preparing an attorneys' fee application.


Summary: 448 B.R. 1 (2011) In re RED MOUNTAIN MACHINERY COMPANY, Red Mountain Holdings, LLC, Red Mountain Pacific LLC, BTH, LLC, Debtors. April 14, 2011. *3 Steven N. Berger, Engelman Berger, PC, Phoenix, AZ, for Debtors. Comerica objects that the plan is not feasible, that its classification of unsecured claims violates Bankruptcy Code § 1122,[1] that the interest to be paid on its secured claim is too low, that the term of payment of its secured claim is too long, and that the plan does not satisfy the......read more.


Summary: 16 B.R. 304 (1981) In re SPANISH TRAILS LANES, INC., Debtor. The facts disclose that on August 29, 1978, Mr. Hall, the chief officer of the debtor Spanish Trails Lanes, Inc., entered into an agreement in which Arizona Parking Lot Services agreed to do the paving and curbing of a parking lot on the debtor's real property on which a bowling alley and entertainment complex were located. However, the validity of the claim is subject to a further determination by the court based on the debtor's argum......read more.


Summary: 309 B.R. 577 (2004) In re Richard M. HAYNES and Victoria A. Haynes, Debtors. Background Facts On December 30, 1999, Victoria Haynes deposited $24,775.33 into her checking account at Wells Fargo Bank (the "Bank").[1] She instructed the Bank to apply these funds to satisfy the outstanding balance owed on her "Equity Plus" account, which was apparently a home equity credit line secured by a second lien on the Haynes' home. The Bank's records indicate that it initially credited the Haynes' home equi......read more.


Summary: 194 B.R. 474 (1996) In re William J. GURR c/o Nichola C. Gurr, Debtor. March 14, 1996, the debtor, through counsel, filed a Motion For New Trial with respect to the court's Findings of Fact, Conclusions of Law, and Ruling denying confirmation of the debtor's amended and modified plan. In hopes of resuscitating his reorganization efforts, the debtor then proposed a modification of his plan which included a moratorium for the fifth through the ninth months (August, 1995 through December, 1995) and......read more.


Summary: 415 B.R. 735 (2009) In re Thomas N. GIBSON, Jr. and Margorie R. Gibson, Debtors. Debtors' modified plan does not pay all allowed claims in full but requires the Debtors to turn over proceeds from the sale of one non-exempt property ($8,000.00), surrender another to the Trustee, and abandon a third. Such a new effective date would mean that the Debtors' nonexempt property *739 would be valued on the basis of 2009 property values, after the significant declines in value from 2007 to 2009, rather t......read more.