Case No. 05-16331.United States Bankruptcy Court, D. Arizona.
January 16, 2007
ORDER INCORPORATING MEMORANDUM DECISION DATED JANUARY 16, 2007
SARAH CURLEY, Bankruptcy Judge
Based upon this Court’s Memorandum Decision dated January 16, 2007, which is incorporated herein by reference:
IT IS ORDERED that the Trustee’s Application for a finding that Premier Title Group is absolutely liable to the Trustee or, alternatively, for a Civil Contempt Order is DENIED, except to the extent that the Court is imposing a sanction against Premier Title Group as outlined in the Decision. The Court’s inherent authority to impose a sanction against Premier Title Group has been properly invoked.
IT IS FURTHER ORDERED that Premier Title Group shall pay, as a sanction, the amount of the attorney’s fees and costs incurred by the Trustee for the period from his counsel’s preparation of the Motion to Enforce the Court’s Amended Sale Order[1] until the rendering of the January 16, 2007 Decision. Within 14 days from the date of this Order, the
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Trustee shall submit a separate affidavit as to his attorneys’ fees and costs incurred in this matter, on notice to Premier. Premier Title Group will have 28 days from the date of this Order to file and serve an objection, if any, to the Trustee’s request for attorneys’ fees and costs. The Court will thereafter determine to what extent a further hearing is necessary before entering a final judgment.