MEMORANDUM OPINION AND ORDER ON SUPPLEMENTAL APPLICATION FOR ALLOWANCE OF ATTORNEY FEES AS PART OF SECURED CLAIM OF ORIX CAPITAL MARKETS, LLC JAMES S. STARZYNSKI, Bankruptcy Judge. The Supplemental Application for Allowance of Attorney Fees as Part of Secured Claim (doc 174) 1 , filed by ORIX Capital Markets, LLC ("ORIX"), together with Debtor's Response to Supplemental Application for Allowance of Attorney Fees as Part of Secured Claim (doc 175), has come before the Court for a ruling,...
MEMORANDUM OPINION ON DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT ON COUNTS FOUR AND FIVE OF 1ST AMENDED COMPLAINT JAMES S. STARZYNSKI, Bankruptcy Judge. This matter is before the Court on Defendants' Virginia Wiley and Robert Wiley ("Movants") Motion for Partial Summary Judgment on Counts Four and Five of Plaintiff's First Amended Complaint (Doc. 20) and supporting affidavit of Harry C. Wiley ("Wiley") (Doc. 21). Plaintiff did not file a response. Movants appear through their attorney...
MEMORANDUM OPINION IN SUPPORT OF ORDER SUSTAINING HIGH DESERT STATE BANK'S OBJECTION TO DEBTORS' EXEMPTION JAMES S. STARZYNSKI, Bankruptcy Judge. Before the Court is the objection of High Desert State Bank ("Creditor") (doc 48) to Debtors' claimed exemption of a checking account holding military retirement funds. This is a core proceeding dealing with the exemptions of a debtor. 28 U.S.C. 157(b)(2)(B). The parties agreed that the Court would decide the issue based upon pleadings and...
MEMORANDUM OPINION ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT JAMES S. STARZYNSKI, Bankruptcy Judge. This matter is before the Court on Plaintiff's Motion for Summary Judgment with supporting affidavit of Peter V. Culbert (Plaintiff's state court attorney) (doc 9) and Defendant's Response with supporting affidavit of Defendant (doc 10). This is a core proceeding to determine dischargeability of a debt. 28 U.S.C. 157(b)(2)(I). This adversary proceeding is Plaintiff's attempt to have a...
MEMORANDUM OPINION RELATING TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT JAMES S. STARZYNSKI, Bankruptcy Judge. This matter is before the Court on Plaintiff's Motion for Summary Judgment ("Motion") and Memorandum in Support (docs 26, 27) on Plaintiff's First Amended Complaint (doc 23) and Defendant's Partial Objection thereto with Memorandum in Support (docs 31, 32) and Plaintiff's Reply Memorandum (doc 38). Plaintiff appears through her attorney F. Shaun Burns. Defendant appears through his...
MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge. THIS MATTER is before the Court on cross motions for summary judgment. 1 At issue is whether Defendant's action in placing an "administrative pledge" on the Plaintiffs' bank account(s) after receiving notice of Plaintiffs' bankruptcy case constituted a willful violation of the automatic stay within the meaning of 11 U.S.C. 362(a)(3) and (k)(1). 2 This is not the first time the Bankruptcy Court for the District of New Mexico has...
MEMORANDUM OPINION ON MOTION TO SET ASIDE DEFAULT JUDGMENT JAMES S. STARZYNSKI, Bankruptcy Judge. This matter is before the Court in a case removed from the Fourth Judicial District Court, San Miguel County, New Mexico ("State Court" or "Court") on Plaintiff's Motion to Set Aside Default Judgment (doc 17) and the Objection thereto by Defendant High Desert Neurology, Inc. ("High Desert"). David Patrick McCraney ("Plaintiff") appears through his attorney William F. Davis & Assoc., P.C. (...
MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge. This matter is before the Court on cross motions for summary judgment. 1 This adversary proceeding arises from Plaintiff Chaparral Materials, Inc.'s claims against the Defendant Gustavo Ramos based on unpaid invoices for materials Chaparral Materials, Inc. ("Chaparral") supplied to Mr. Ramos for use in his former construction business. Chaparral alleges that the debt owed by Mr. Ramos to it should be determined non-dischargeable...
MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge. The Court is faced with the conundrum of how the discharge injunction under 11 U.S.C. 524, which arises upon the entry of a debtor's discharge, affects pending pre-petition state court litigation that includes claims arising out of the same conduct, transactions and occurrences as those at issue in this timely-filed adversary proceeding to determine the dischargeability of certain debts under 11 U.S.C. 523. The parties have...
MEMORANDUM OPINION ON MOTION TO RECONSIDER DISMISSAL OF CASE JAMES S. STARZYNSKI, Bankruptcy Judge. This matter is before the Court on Shari L. Garcia's ("Debtor") Motion to Reconsider Dismissal of Case (doc 71) and the objection thereto filed by the Trustee (doc 73). For the reasons set forth below, the Motion will be denied. This is a core proceeding. 28 U.S.C. 157(b)(2)(A). FACTS This case was filed on May 18, 2005, pre-BAPCPA. Debtor filed her statements and schedules on June 1,...
MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge. This matter is before the Court on Defendant Walter Reardon's Motion to Dismiss Count 1 ("Motion to Dismiss")(Docket No. 38). Plaintiff, Yvette J. Gonzales, chapter 7 trustee (the "Trustee") filed a First Amended Complaint for Breach of Contract and for Damages Caused by Civil Conspiracy to Defraud the Court and for Recovery of Account Receivable ("Amended Complaint"), which, among other things, joined Mr. Reardon as an additional...
MEMORANDUM OPINION IN SUPPORT OF ORDER APPROVING IN PART AND DENYING IN PART AMENDED APPLICATION FOR ALLOWANCE OF FEES BY DEBTOR'S COUNSEL JAMES S. STARZYNSKI, Bankruptcy Judge. The Amended Application for the Allowance of Fees for the Period of February 23, 2009 to November 30, 2009 (doc 25), filed by Debtor's counsel ("Counsel"), together with the objection thereto filed by the Chapter 13 Trustee (doc 26), came before the Court for an oral argument on February 9, 2010. Based on the oral...
