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Bankruptcy Court for the District of New Mexico Court Cases
In Re Orbit Petroleum, Inc. (2008)THIS MATTER is before the Court on the Motion to Dismiss or Convert filed by claimants, Tipton Enterprises, Inc., Jerel Tipton, Clay Tipton, Ryan Tipton, Chase Tipton, Tipton Oil & Gas Acquisitions, Inc., TOGA Well Services, Inc., Gilvert Lease Services, Inc. and Black Rock Transportation, Inc. (together, "Tipton Claimants"), by and through their counsel, Louis Puccini, Jr. The Motion to Dismiss or Convert states that Patriot Pipe & Supply, Inc. ("Patriot") joined in the Motion to [...]
Court: Bankruptcy Court for the District of New Mexico Docket: 11-08-10408 MA
In Re Zouhar (1981)
This case came on for trial on April 12, 1979, upon the objection to discharge filed by the Albuquerque National Bank under § 14(c)(4) of the Act, and the complaint to determine the dischargeability of certain debts arising under a divorce decree. Albuquerque National Bank (Bank) was present by its attorney, Paul Fish; Hilda Zouhar and Willard F. Kitts were present by their attorney, Elizabeth Whitefield; and Raymond Zouhar was present by Jennie Behles.
Court: Bankruptcy Court for the District of New Mexico Docket: Bankruptcy No. 78-428J
In Re Knappen (2002)
This matter is before the Court on the Debtor's Motion to Modify Chapter 13 Plan and Confirmation Order (doc. 131) and the objection thereto filed by Ford Motor Credit Company ("Ford") (doc. 133). Debtor is represented by Robert Hilgendorf. Ford is represented by Allan Wainwright. This is a core proceeding. 28 U.S.C. § 157(b)(2)(A) and (L).
Court: Bankruptcy Court for the District of New Mexico Docket: 13-96-12788 SS
In Re Bauler (1997)THIS MATTER came before the Court upon FirstPlus Financial's Objection to Confirmation and the Debtor's Objection to Proof of Claim. FirstPlus Financial (FirstPlus) objected to the confirmation of the Debtor's Chapter 13 plan on the grounds that the Debtor was attempting to strip off the second mortgage held by FirstPlus on the Debtor's principal residence contrary to the antimodification provision in 11 U.S.C. § 1322(b)(2). The Debtor objected to the secured status of FirstPlus' Proof of [...]
Court: Bankruptcy Court for the District of New Mexico Docket: Bankruptcy No. 13-97-11175 MA
In Re Baines (2006)THIS MATTER is before the Court on cross motions for summary judgment. Defendants Robert P. Baines and Deann M. Baines, by and through their attorneys of record, Freedman Boyd Daniels Hollander & Goldberg, P.A. (Joseph Goldberg), filed a Motion for Partial Summary Judgment and memorandum in support thereof on March 25, 2005; Plaintiffs Crossingham Trust, Stacy Crossingham and Allan Crossingham, Trustees, by and through their attorneys of record, Bingham, Hurst, Apodaca & Wile, P.C. [...]
Court: Bankruptcy Court for the District of New Mexico Docket: Bankruptcy No. 7-03-17210 MS. Adversary No. 04-1123 M
In Re Coole (1996)
Defendant incurred charges with the plaintiff over four semesters for tuition, insurance, books, housing, and telephone expenses. Defendant paid a substantial portion of these charges with Veteran's Administration benefits, and a Pell Grant, but there remained a balance of approximately $10,000. Defendant signed a note with plaintiff for the charges. All of the charges were extensions of credit, but no funds were paid by the plaintiff to the defendant.
Court: Bankruptcy Court for the District of New Mexico Docket: Bankruptcy No. 7-95-13182 RA, Adv. No. 95-1272R
In Re Danley (1981)
This cause came on to be heard on August 19, 1981, by a conference telephone call. Debtor has filed an application to reopen his estate in order to be accorded relief under 11 U.S.C. § 350(b) (1978), and that Motion was orally denied at the conclusion of the telephone call. A brief review of the background is necessary to an understanding of the disposition of this matter.
Court: Bankruptcy Court for the District of New Mexico Docket: Bankruptcy No. 80-01384J
THE SECURED Creditor's motion for relief from stay in this case presents an opportunity for this Court to express an opinion on the appropriate stay litigation procedure. The Rules of Bankruptcy Procedure adopted by the Supreme Court changed stay litigation from adversary proceedings, essentially law suits, to contested matters, essentially motion practice. (See Rules of Bankruptcy Procedure, Rule 9014 (1984).) The simplified and expedited procedure suggests a reconsideration of the scope of [...]
Court: Bankruptcy Court for the District of New Mexico Docket: 7-85-01242 R S, Motion-Letter No. S-1794
This matter is before the Court on an Order to Show Cause Why Case Should Not Be Dismissed for Failure to Comply With Credit Counseling Requirements, entered October 14, 2009 (Docket No. 8). On October 30, 2009, a final hearing was held on the Order to Show Cause. On November 9, 2009, Tanner Steven Crawford and Tillie Marie Crawford (together, the "Debtors"), by counsel, filed a Response to Order to Show Cause (Docket No. 14) setting forth the facts and making legal argument. For purposes of [...]
Court: Bankruptcy Court for the District of New Mexico Docket: 09-14645-j7
In Re Edmondson (2007)The limited issue before the Court is how "projected disposable income" for purposes of confirming a chapter 13 plan is to be calculated for above-median income debtors under, the provisions enacted by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPPA"). At the final hearing on confirmation, the Court requested that the parties submit briefs on the issue of whether projected disposable income is determined based solely on the Statement of Current Monthly Income and [...]
Court: Bankruptcy Court for the District of New Mexico Docket: 13-06-11422 MA
In Re Carter (1998)THIS MATTER is before the Court on Creditor Western Commerce Bank of Carlsbad's (WCB) Motion for Directed Verdict. The only issue before the Court is whether WCB is entitled to collect interest and attorney fees from the solvent Debtor on its unsecured claim. Having considered the briefs submitted by counsel, reviewed the pleadings and the applicable law, having had a hearing on the merits, and being otherwise fully informed and advised, the Court finds: 1) that the appropriate rate of interest [...]
Court: Bankruptcy Court for the District of New Mexico Docket: Bankruptcy No. 11-95-14093ML
This matter came on for hearing December 10, 1981, on the petitioning creditors' request for an order for relief against the alleged debtor, New Mexico Properties, Inc. (NMPI), the petitioning creditors being present through their counsel, Douglas T. Francis, Randal W. Roberts and Ross B. Perkal, NMPI being present through its president, Odell Spurlin, and its counsel, Jennie Deden Behles. At the commencement of said hearing, the parties requested permission from this Court to present their [...]
Court: Bankruptcy Court for the District of New Mexico Docket: Bankruptcy No. 81-00957 M A
MEMORANDUM OPINION ON ORIX CAPITAL MARKET, LLC'S MOTION TO ALLOW SECURED CLAIM PURSUANT TO 11 U.S.C. § 506 AND TO ORDER PAYMENT THEREOF and ON DEBTOR'S OBJECTION TO ORIX CAPITAL MARKET'S CLAIM
Court: Bankruptcy Court for the District of New Mexico Docket: 11-09-11696 SA
In Re Wasson (1993)This matter came before the Court for confirmation of the debtors' Chapter 13 plan and on the objection filed by the New Mexico Educational Assistance Foundation ("NMEAF"). NMEAF objects because debtors' plan does not provide for post-petition interest on a non-dischargeable student loan. The debtors and the trustee contend that NMEAF is not entitled to interest on its claim and, thus, the plan should be confirmed. Having considered the facts, the briefs, the applicable law and otherwise being [...]
Court: Bankruptcy Court for the District of New Mexico Docket: Bankruptcy No. 13-92-12785 MA
In Re Kirkland (2007)
THIS MATTER is before the Court on the Trustee's Objection to Claim # 15 of NextBank, NA/B-Line, LLC (the "Objection") filed on June 22, 2006. B-Line, LLC filed a Response to the Objection (the "Response"). Having reviewed the Objection, the Response, the applicable statutes, rules and case law, and being otherwise sufficiently informed, the Court will disallow the Claim and in connection therewith finds:
Court: Bankruptcy Court for the District of New Mexico Docket: 7-01-15748 MA
In Re Molina (2009)
This matter is before the Court on confirmation of the chapter 13 plan of Debtor Debbie Ann Molina. Doc 3. The Chapter 13 Trustee has objected to confirmation on the grounds that Debtor essentially seeks a chapter 7 discharge, for which she is not eligible, in the guise of a chapter 13 case. Doc 15. For the reasons set forth below, the Court will enter an order confirming the plan.
Court: Bankruptcy Court for the District of New Mexico Docket: 13-09-10669 SA
In Re Traub (1992)This matter came before the Court for final hearing on the United States Trustee's motion to dismiss under 11 U.S.C. § 707(a) or, alternatively § 707(b), filed September 20, 1991. The Court considered the § 707(b) motion first as it was potentially dispositive of the entire motion. Having considered the testimony of the witness, arguments of counsel, case law, exhibits and memoranda of law submitted by the parties, and being otherwise fully informed and advised, the Court finds the motion [...]
Court: Bankruptcy Court for the District of New Mexico Docket: Bankruptcy No. 7-90-02255 M A
In Re Fingado (1990)This matter came before the Court for trial on the merits on the trustee's complaint to sell property free and clear of liens and interests and to determine validity, priority and extent of liens and interests, and Valetta Ruth Fingado's motion to accept purchase offer and motion by joint tenant Ruth Fingado for payment from sale of Vermont Street house. Having considered the arguments of counsel, testimony, and exhibits submitted by the parties, and being otherwise fully informed and advised [...]
Court: Bankruptcy Court for the District of New Mexico Docket: Bankruptcy No. 7-87-00316 MA, Adv. No. 89-0320 M
In Re Wilde (1988)
This matter came before the Court on the motion of Western Bank of Albuquerque ("Bank") to lift the automatic stay as to certain property of the debtors and on the Bank's objection to debtors' amended claim of exemption. Since the same property was at issue, these matters were combined for final hearing. The questions before the Court are two: (1) whether debtors' exempt property is subject to the Bank's right of setoff, and (2) which bank accounts are personal property of the debtors.
Court: Bankruptcy Court for the District of New Mexico Docket: Bankruptcy No. 7-87-01442 MA
In Re Van De Water (1995)
This is a complaint to determine dischargeability of debt pursuant to 11 U.S.C. § 523(a)(2)(A) (Count I), § 523(a)(4) (Count II) and § 523(a)(6) (Count III). After reviewing the pleadings and briefs and hearing the evidence, the Court finds that plaintiff has failed to meet her burden of proof and that the complaint should be dismissed.
Court: Bankruptcy Court for the District of New Mexico Docket: Bankruptcy No. 7-92-13034 MS. Adv. No. 93-1010 M