Sarah Sharer Curley

How Judge Curley rules, drawn from 20 signed orders. Every observation links to the order it came from.

Judge Curley 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
Retired 2014
Served
1986–2014
Commissioned
1986-01-01
Education
Mount Holyoke College, undergraduate degree in American history; New York Law School, J.D., cum laude
Signed orders read
20

How Judge Curley decides

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

What persuades

The court treated proof of both actual intent and inadequate value as independently sufficient routes to avoid the challenged transfer.

“The Court concludes that the transfer was both actually and constructively fraudulent under Section 548 of the Bankruptcy Code.”

Procedural preferences

A litigant subject to the filing injunction first had to submit a proposed complaint for threshold judicial screening before ordinary proceedings could begin.

“The Court shall review the complaint and determine whether the complaint should be summarily denied, or whether it should proceed.”

Cautions

A debtor could not assume contracts that constituted financial accommodations prohibited by the Bankruptcy Code.

“The Debtor is unable to assume the contracts pursuant to 11 U.S.C. § 365(c)(2).”

Signed rulings

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

Goodman v. California Portland Cement Co. (In re GTI Capital Holdings, LLC)
· 2009-09-15
Motions to remand (the plaintiffs) Denied

“IT IS ORDERED that the Plaintiffs’ Motion to Remand is DENIED.”

Motion to dismiss adversary proceeding (the defendants) Granted

“IT IS FURTHER ORDERED that the Defendants’ Motion to Dismiss is GRANTED.”

Motion for all writs injunction (the defendants) Granted

“pursuant to 28 U.S.C. § 1651(a), the All Writs Act, this Court enjoins Mr. Grant Goodman”

Birdsell v. Roca (In re Roca)
· 2009-04-17
Actual fraudulent transfer claims (the Chapter 7 trustee) Granted

“The Court concludes that the transfer was both actually and constructively fraudulent under Section 548 of the Bankruptcy Code.”

Constructive fraudulent transfer claims (the Chapter 7 trustee) Granted
Section 544 fraudulent transfer claim (the Chapter 7 trustee) Denied

“The Court must deny the Trustee’s request for relief under Section 544(b).”

In re Ashraf
· 2007-03-30
Motion to dismiss bankruptcy case (the movants) Granted

“Based upon the foregoing, the Movants’ Motion to Dismiss is GRANTED.”

In re GTI Capital Holdings, LLC
· 2007-08-02
Summary judgment (Comerica) Granted

“Comerica's Motion for Summary Judgment is granted; the Trustee's Cross Motion for Summary Judgment is denied.”

Cross motion for summary judgment (the Chapter 7 trustee) Denied
In re Lyle
· 2006-12-13
Objection to exemption (the trustee) Granted

“The Trustee’s Objection to Exemptions is sustained.”

Citibank, South Dakota, N.A. v. Brower (In re Brower)
· 2006-08-16
Nondischargeability claim 523 a 2 a (Citibank) Denied

“The entire debt owed to the Plaintiff is discharged.”

In re White
· 2007-09-28
Motion for turnover (the trustee) Granted in part

“the Debtor is now required to turn over the sum of $144,816.96 to the Trustee for the benefit of the Debt- or’s creditors.”

In re Micko
· 2006-12-05
Motion for judgment on student loan dischargeability (the debtor) Denied

“The Plaintiffs Motion to have judgment entered in his favor is denied.”

Motion to dismiss student loan complaint (Student Loan Finance Corporation) Granted

“The Defendant's Motion that the Plaintiffs Complaint be dismissed is granted.”

In re Kent
· 2008-03-31
Motion to determine annuities outside estate (the debtors) Denied

“denying the Debtors’ Motion for Order Determining That Annuities Are Not An Asset of the Estate.”

Goodman v. California Portland Cement Co. (In re GTI Capital Holdings, L.L.C.)
· 2008-11-19

The court held that it retained ancillary jurisdiction to consider a fee request after dismissal, but set the request for a later hearing rather than deciding it.

In re Foreacre
· 2006-12-29
Objection to exemption (the trustee) Granted

“the Court concludes that the Trustee’s Objection is sustained, and the Debtors’ claim of exemption in the proceeds is denied.”

In re Products International Co.
· 2008-09-02
Motion to dismiss bankruptcy case (the debtor) Denied

“the Court concludes that the Debtor’s Motion to Dismiss is DENIED. The Ferring Cross Motion requesting the appointment of a Chapter 11 trustee is GRANTED.”

Motion to appoint chapter 11 trustee (Ferring B.V.) Granted

A historical record

Judge Curley 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.