MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge. THIS MATTER came before the Court on the Trustee's Motion to Approve Compromise of Controversy under Bankruptcy Rule 9019 ("Motion to Approve Settlement"). See Docket No. 393. The Court held a final evidentiary hearing on the Motion to Approve Settlement on July 11, 12, and 30, 2013 and took the matter under advisement. For the reasons described below, the Court finds that the Trustee's Motion is well taken and should be granted....
MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge. The Court held a trial on the merits of the Debtor's Objection to Proof of Claim No. 6 filed by Michael J. Hymel ("Objection to Claim") on October 9 and 10, 2013 and took the matter under advisement. 1 Little West appeared at the final hearing on behalf of the Debtor, College of the Christian Brothers of New Mexico ("College"), and Jeffrey A. Dahl appeared at the final hearing on behalf of the claimant, Michael J. Hymel, Ph.D (...
MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge. THIS MATTER is before the Court following a two-day evidentiary hearing on the issue of whether Platinum Oil Properties, LLC ("Platinum") owns the operating rights relating to Oil and Gas Lease Nos. 71 and 363 (together, the "Oil and Gas Leases") located on tribal land of the Jicarilla Apache Nation ("JAN"). Central to the determination of the issue is the application of 25 C.F.R. 211.53, promulgated by the Department of the Interior...
MEMORANDUM OPINION DAVID T. THUMA, Bankruptcy Judge. In this adversary proceeding Plaintiff seeks to have Defendant's debt declared nondischargeable under 11 U.S.C. 523(a)(4) and (a)(6), and to deny his discharge under 11 U.S.C. 727(a)(4)(A). The Court conducted a trial on November 5, 2013 and took the matter under advisement. This is a core matter. For the reasons set forth below, the Court declares the amount of $30,000 nondischargeable under 523(a)(4). I. FACTS The Court finds...
MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge. THIS MATTER is before the Court on the Plaintiff's Motion for Summary Judgment ("Motion for Summary Judgment" or "Trustee's Motion"). See Docket Nos. 49 & 50. In each of the above-captioned adversary proceedings, Plaintiff Judith Wagner, Chapter 11 Trustee of the bankruptcy estate of the Vaughan Company Realtors ("Trustee") seeks to recover certain payments made to the Defendants as fraudulent transfers pursuant to 11 U.S.C. 548...
MEMORANDUM OPINION DAVID T. THUMA, Bankruptcy Judge. In this adversary proceeding, Plaintiffs claim that Defendants wrongfully attempted to foreclose on their house. After taking evidence and hearing arguments of counsel during a three day trial, the Court concludes that Plaintiff's claims are no longer viable because of their failure to defend the foreclosure action, schedule their claims against Defendants in their first bankruptcy case, and pursue the claims within the applicable...
MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge. THIS MATTER is before the Court on the Defendant's Motion for Summary Judgment and Memorandum in Support Thereof ("Motion for Summary Judgment"). See Docket No. 7. Plaintiff Eric Brown opposes the Motion for Summary Judgment. See Docket No. 8. Defendant Brittany Brown asserts that a Minute Order entered in connection with the parties' dissolution of marriage proceeding, Case No. D-202-DM-2011-02724 (the "State Court Dissolution...
MEMORANDUM OPINION DAVID T. THUMA, Bankruptcy Judge. Debtors filed a motion to modify their confirmed Chapter 13 plan after discovering a previously unknown obligation to make a large balloon payment at the end of their 60-month plan period. The balloon payment was added to Debtors' plan because their monthly disposable income was miscalculated. The Chapter 13 trustee ("Trustee") objected to the motion. She argues that a deal is a deal, and that Debtors should perform as agreed. The Trustee...
MEMORANDUM OPINION DAVID T. THUMA, Bankruptcy Judge. This matter is before the Court after trial on the merits on Plaintiff's claim that Defendant violated the discharge injunction. For the reasons set forth below, the Court rules in Plaintiff's favor and finds that a sanction or damages award of $15,951 is appropriate. I. FACTS The Court finds that the following facts: 1. Plaintiff resides in New Mexico and is the debtor in the above-captioned, discharged, Chapter 7 bankruptcy case. 2....
MEMORANDUM OPINION DAVID T. THUMA, Bankruptcy Judge. The Debtor has asked the Court to modify her Third Amended Chapter 11 Plan of Reorganization to give her until December 31, 2013 to sell her assets and pay creditors. 1 Three secured creditors objected. 2 This is a core matter. The Court has considered the briefs and supporting papers of the parties, has heard the testimony of witnesses at a final hearing, and has considered the arguments of counsel. Being sufficiently advised, the...
MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge. THIS MATTER is before the Court on the Motion to Amend Complaint ("Motion to Amend") filed by Plaintiff Judith Wagner, Chapter 11 Trustee of the bankruptcy estate of the Vaughan Company Realtors (the "Trustee"). See Docket No. 46. Defendant Ultima Homes, Inc. ("Ultima") filed a response in opposition to the Motion to Amend. See Docket No. 54. The Trustee seeks to amend her complaint to recover certain transfers from Vaughan...
MEMORANDUM OPINION ROBERT H. JACOBVITZ and DAVID T. THUMA, Bankruptcy Judges. At the request of the Chapter 13 Trustee ("Trustee") and the Office of the United States Trustee ("UST"), the Court revisits a thorny issue involving payment of trustee's fees: May the Trustee pay herself the statutory percentage fee in Chapter 13 cases where no plan is confirmed 1 The question was raised in this District in 2001 and answered in the negative. 2 Armed with new, thoughtful arguments about...
STIPULATED ORDER ABANDONING ESTATE PROPERTY DAVID T. THUMA, Bankruptcy Judge. THIS MATTER comes before the Court upon the motion of El Sabino, Inc. for abandonment of stock in Mataya Smith Lake Co., Inc. previously owned by the Debtors but foreclosed by El Sabino, Inc. Two objections to the motion were filed, the Court held hearings, and now the parties agree that the stock should be abandoned, as is shown by the approval of counsel below. The Court is sufficiently advised in the premises,...
MEMORANDUM OPINION DAVID T. THUMA, Bankruptcy Judge. Plaintiff Mary Boehm asks the Court for a declaratory judgment that she validly terminated Alameda Virgin Islands Company, LLC's ("AVIC's") rights under a certain agreement relating to the purchase of stock. Defendants AVIC and Debtor counterclaimed, asserting that Plaintiff's attempted termination was ineffective and asking for specific performance and damages. For the reasons set forth below, the Court will deny Plaintiff's requested...
MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge. THIS MATTER is before the Court on the Defendants' Motion for Summary Judgment ("Motion for Summary Judgment"). 1 See Docket Nos. 18, 19, and 23. Plaintiff Judith Wagner, Chapter 11 Trustee of the bankruptcy estate of the Vaughan Company Realtors (the "Trustee"), filed a response and a supplemental response in opposition to the Motion for Summary Judgment. See Docket Nos. 16, 20, and 33. This adversary proceeding is one of...
MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge THIS MATTER is before the Court on the Motion to Convert Case to a Chapter 7 ("Motion to Convert") filed by Julius Wollen, as Trustee of the Julius M. and Diane Wollen Revocable Trust, dated October 20, 1993 ("Wollen"). See Docket No. 1018. Judith Wagner, Chapter 11 Trustee of the bankruptcy estate of the Vaughan Company Realtors (Ms. Wagner, or the "Trustee") and the United States Trustee ("UST") filed a response and supplemental...
MEMORANDUM OPINION DAVID T. THUMA, Bankruptcy Judge. By their Motion For Relief from Order Decertifying Classes Entered on March 21, 2013 (the "Motion"), Plaintiffs ask the Court to reconsider its Order Decertifying Classes (the "Decertification Order"). Defendant responded to the Motion April 29, 2013 (the "Response"). For the reasons set forth below, the Court finds that the Motion is not well taken and should be denied. I. BACKGROUND Plaintiffs filed this adversary proceeding on...
MEMORANDUM OPINION ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT DAVID T. THUMA, Bankruptcy Judge. This matter is before the Court on Defendants' Motion for Summary Judgment and Memorandum in Support (the "Motion"). In the Motion Defendants argue that Plaintiffs' claims are barred under principles of res judicata and/or issue preclusion, due to a prior state court foreclosure judgment. Plaintiffs timely responded to the Motion. For the reasons set forth below, the Court finds that the Motion...
MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge THIS MATTER is before the Court on Plaintiffs' Second Motion for Summary Judgment ("Second Motion for Summary Judgment"). See Docket No. 58. Plaintiffs also filed a Memorandum in Support of Plaintiffs' Second Motion for Summary Judgment ("Plaintiffs' Memorandum"). See Docket No. 59. Defendant, Isaac S. Martinez (hereinafter "Defendant"), pro se, filed a response to the Second Motion for Summary Judgment (Docket No. 61) and...
MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge. THIS MATTER is before the Court following a two-day trial on the merits held February 28 and March 1, 2013. For purposes of trial the Court consolidated this adversary proceeding with the Debtor's Motion to Reject Contract and Unexpired Lease with Western Pellet Products, LLC (the "Motion to Reject"). 1 William F. Davis appeared at trial on behalf of Western Wood Products, Inc. ("Western Wood"). William R. Keleher and Spencer L....
