Lawrence Ollason

How Judge Ollason rules, drawn from 7 signed orders. Every observation links to the order it came from.

Judge Ollason no longer hears cases. This profile is preserved as a historical record of how they ruled.

Court
U.S. Bankruptcy Court for the District of Arizona
Position
bankruptcy
Status
Deceased
Commissioned
1983-07-27
Education
University of Arizona, B.A., 1951; University of Arizona College of Law, LL.B., 1954
Signed orders read
7

How Judge Ollason decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

The court read the rent-assignment agreement as a whole instead of allowing one clause to control the parties' evident security arrangement.

“A clause is not a contract, and that which is absolute is not conditional.”

Procedural preferences

The court required completion of Arizona's statutory forfeiture process before treating the purchaser's property interest as terminated.

“the Arizona legislature intended the purchaser to have an interest in the property until the affidavit of completion of forfeiture is recorded.”

Cautions

The court tested retirement-plan preemption by how the plan was actually created and maintained, not by the label attached to the account.

“The operative test contained in section 1003(a) focuses on how the plan is established or maintained.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Marsh v. Heldt Lumber Co. (In re McCoy)
B-82-1890-PHX-LO; Adv. B-82-1395 · 1984-08-27
Summary judgment (Wayne P. Marsh, trustee) Granted

“judgment be, and it hereby is, entered in favor of the trustee-plaintiff and against the defendant”

Cross motion for summary judgment (Heldt Lumber Co., Inc.) Denied
In re Kaczmarczyk
· 1985-11-07
Motion to abandon real property (Paul and Leanna Johnson) Denied

“For the reasons cited above, the plaintiff’s motion to abandon is hereby denied.”

Republic Supply Co. v. J.H. Welsh & Son Contracting Co. (In re J.H. Welsh & Son Contracting Co.)
B 85-0719-PHX-LO; Adv. 85-497 · 1986-10-17
Summary judgment (Republic Supply Company) Granted

“the Plaintiff’s Motion for Summary Judgment is hereby granted.”

Cross motion for summary judgment (J.H. Welsh & Son Contracting Company) Denied

“Republic’s interest was perfected outside the preference period and the debtor’s argument that the effective transfer date did not occur until February 25, 1985 cannot be sustained.”

In re Multi-Group III Ltd. Partnership
89-0260-TUC-LO · 1989-03-20
Motion to prohibit use and sequester rents (Union Mutual Stock Life Insurance Company of America) Denied

“IT IS ORDERED that UNUM’s security interest in rents from the Debtor’s income producing property has not been perfected and is not enforceable.”

In re Bharucha
89-02780-TUC-LO · 1990-02-22
Objection to exemption (bankruptcy trustee) Denied

“IT IS ORDERED overruling the Trustee’s objection to the debtors’ claims of exemption, and denying the Trustee's motion for turnover.”

Motion for turnover (bankruptcy trustee) Denied
Montiel v. Shestko-Montiel (In re Shestko-Montiel)
90-02459-TUC-LO; M No. 90-1286 · 1991-01-31
Motion for relief from automatic stay (the debtor's former spouse) Denied

“The lift stay motion will be denied without prejudice to renew should the lien survive that determination.”

In re Hall Elmtree Associates, Ltd.
91-0105-TUC-LO · 1991-03-01
Motion to prohibit use of cash collateral (Olde Salem, Ltd.) Denied

“Accordingly, the court will enter an order denying the motion, but requiring the debtor to sequester and account for the rents and to obtain an order for expenditures outside the ordinary maintenance and management of the subject property.”

A historical record

Judge Ollason no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.