MEMORANDUM OPINION AND ORDER OVERRULING DEFENDANTS' OBJECTIONS TO PROPOSED FINDINGS AND RECOMMENDED DISPOSITION OF MOTION FOR ATTORNEY FEES AND ADOPTING THE RECOMMENDED DISPOSITION OF MAGISTRATE JUDGE JERRY H. RITTER M. CHRISTINA ARMIJO , Senior District Judge . This matter comes before the Court on Magistrate Judge Jerry H. Ritter's Proposed Findings and Recommended Disposition of Motion for Attorney Fees ( Doc. 418 ), filed May 9, 2018, which recommended that the Court deny Defendants'...
OPINION DAVID T. THUMA , Bankruptcy Judge . Before the Court is the Debtors' motion to reconsider an order approving their counsel's final fee application. The Debtors are proceeding pro se. Having reviewed the docket in this case, the motion to reconsider, and the applicable law, the Court finds and concludes that the motion must be denied. I. FACTS The Court finds the following facts: 1 On October 31, 2016, the Debtors filed this case as a voluntary chapter 11 case. On the same...
DEFAULT ORDER GRANTING MOTION FOR RELIEF FROM STAY AND TO ABANDON PROPERTY IDENTIFIED AS 2009 NISSAN ROGUE VIN #JN8AS58V79W180460 DAVID T. THUMA , Bankruptcy Judge . This matter came before the Court on the Motion for Relief from Automatic Stay and to Abandon Property filed on November 7, 2018, Docket No. 13 (the "Motion") by Bridgecrest ("Movant"). The Court, having reviewed the record and the Motion, and being otherwise sufficiently informed, FINDS: 1. On November 8, 2018, Movant served...
DEFAULT ORDER GRANTING MOTION FOR RELIEF FROM STAY AND TO ABANDON PROPERTY IDENTIFIED AS 2012 COACHMAN MIRADA 32BHE VIN #1F65F5DY7B0A07731 DAVID T. THUMA , Bankruptcy Judge . This matter came before the Court on the Motion for Relief from Automatic Stay and to Abandon Property filed on November 19, 2018, Docket No. 12 (the "Motion") by U.S. Bank National Association ("Movant"). The Court, having reviewed the record and the Motion, and being otherwise sufficiently informed, FINDS: 1. On...
DEFAULT ORDER GRANTING LSF9 MASTER PARTICIPATION TRUST RELIEF FROM AUTOMATIC STAY AND ABANDONMENT OF PROPERTY TO LSF9 MASTER PARTICIPATION TRUST LOCATED AT 1632 22ND SE ALBUQUERQUE, NEW MEXICO 87124 DAVID T. THUMA , Bankruptcy Judge . This matter came before the Court on the Motion for Relief from Automatic Stay for the Abandonment of Property to LSF9 Master Participation Trust, filed on November 6, 2018, (DOC 20) (the "Motion") by LSF9 Master Participation Trust ("Creditor"). The Court,...
MEMORANDUM OPINION DAVID T. THUMA , Bankruptcy Judge . Before the Court is a motion for relief from automatic stay, filed so the moving creditors can complete pending federal court litigation. The Court tried the contested matter on November 29-30, 2018, and is now ready to rule. For the reasons set forth below, the Court will grant the motion unless the Debtor agrees to certain conditions. On the other hand, if the debtor timely files a notice that it agrees to the conditions, the Court...
DEFAULT ORDER GRANTING MOTION FOR RELIEF FROM STAY AND TO ABANDON PROPERTY IDENTIFIED AS 2012 FLEETWOOD 42M-P PROVIDENCE VIN #4UZFCGCYXCCBW4918 ROBERT H. JACOBVITZ , Bankruptcy Judge . This matter came before the Court on the Motion for Relief from Automatic Stay and to Abandon Property filed on November 7, 2018, Docket No. 74 (the "Motion") by USAA Federal Savings Bank ("Movant"). The Court, having reviewed the record and the Motion, and being otherwise sufficiently informed, FINDS: 1....
DEFAULT ORDER GRANTING CARRINGTON MORTGAGE SERVICES LLC RELIEF FROM AUTOMATIC STAY AND ABANDONMENT OF PROPERTY TO CARRINGTON MORTGAGE SERVICES LLC LOCATED AT 7711 AMY MARIE COURT NW ALBUQUERQUE, NEW MEXICO 87120 ROBERT H. JACOBVITZ , Bankruptcy Judge . This matter came before the Court on the Motion for Relief from Automatic Stay for the Abandonment of Property to Carrington Mortgage Services LLC, filed on October 24, 2018, (DOC 11) (the "Motion") by Carrington Mortgage Services LLC ("...
DEFAULT ORDER GRANTING RELIEF FROM STAY AND ABANDONMENT OF PROPERTY LOCATED AT 5323 River Ridge Ave NW, Albuquerque, NM 87114 ROBERT H. JACOBVITZ , Bankruptcy Judge . This matter came before the Court on the Motion for Relief from Stay and Abandonment of Property filed on 11/2/2018, Docket No. 16 (the "Motion"), by Wells Fargo Bank, N.A. ("Movant"). The Court, having reviewed the record and the Motion, and being otherwise sufficiently informed, FINDS: (a) On 11/2/2018, Movant served the...
DEFAULT ORDER GRANTING LSF10 MASTER PARTICIPATION TRUST RELIEF FROM AUTOMATIC STAY AND ABANDONMENT OF PROPERTY TO LSF10 MASTER PARTICIPATION TRUST LOCATED AT 6 PEREZ LANE SE ALBUQUERQUE, NEW MEXICO 87123 ROBERT H. JACOBVITZ , Bankruptcy Judge . This matter came before the Court on the Motion for Relief from Automatic Stay for the Abandonment of Property to LSF10 Master Participation Trust, filed on November 7, 2018, (DOC 30) (the "Motion") by LSF10 Master Participation Trust ("Creditor")....
ORDER RESULTING FROM HEARING ON MOTION FOR RELIEF FROM AUTOMATIC STAY AND ABANDONMENT OF PROPERTY LOCATED AT 6507 WAYNE ROAD NORTHWEST ALBUQUERQUE, NEW MEXICO 87120 ROBERT H. JACOBVITZ , Bankruptcy Judge . This matter came before the Court on the Motion for Relief from Automatic Stay for the Abandonment of Property to Lakeview Loan Servicing LLC ("Lakeview"), filed on August 21, 2018 (DOC 57) (the "Motion") and the Debtors' Response to the Motion filed on September 10, 2018 (Doc 61). The...
DEFAULT ORDER GRANTING RELIEF FROM STAY AND ABANDONMENT OF PROPERTY LOCATED AT 426 N. Miranda, Las Cruces, NM 88005 DAVID T. THUMA , Bankruptcy Judge . This matter came before the Court on the Motion for Relief from Stay and Abandonment of Property filed on 10/31/2018, Docket No. 15 (the "Motion"), by Nationstar Mortgage LLC d/b/a Champion Mortgage Company ("Movant"). The Court, having reviewed the record and the Motion, and being otherwise sufficiently informed, FINDS: (a) On 10/31/2018,...
DEFAULT ORDER GRANTING RELIEF FROM STAY AND ABANDONMENT OF PROPERTY LOCATED AT 14 Thompson Lane, Los Lunas, NM 87031 DAVID T. THUMA , Bankruptcy Judge . This matter came before the Court on the Motion for Relief from Stay and Abandonment of Property filed on 11/6/2018, Docket No. 13 (the "Motion"), by Wells Fargo Bank, N.A. ("Movant"). The Court, having reviewed the record and the Motion, and being otherwise sufficiently informed, FINDS: (a) On 11/6/2018, Movant served the Motion and...
OPINION DAVID T. THUMA , Bankruptcy Judge . Before the Court is the Debtor's Application to Employ Robert A. Dotson, Dotson Law ("Dotson") as Counsel, filed October 7, 2018, doc. 504 (the "Application"). The Debtor seeks to retain Dotson to represent him in a lawsuit filed in the United States District Court in Nevada. The Court held a final hearing on the Application on November 28, 2018. For the reasons set forth below, the Court finds that the Application is not well taken and will be...
OPINION Hon. David T. Thuma , United States Bankruptcy Judge . Before the Court is plaintiff's complaint that its $30,000 claim against defendant is nondischargeable. After a trial on the merits, and for the reasons set forth below, the Court determines that the debt is nondischargeable. I. FACTS The Court finds the following facts: William Crawley is the President and owner of Plaintiff, a New Mexico corporation. Mr. Crawley has known Defendant for many years; the acquaintance...
DEFAULT ORDER GRANTING MOTION FOR RELIEF FROM STAY AND TO ABANDON PROPERTY IDENTIFIED AS 2017 DODGE RAM 1500, VIN #1C6RR7YT1HS522714 DAVID T. THUMA , Bankruptcy Judge . This matter came before the Court on the Motion for Relief from Automatic Stay and to Abandon Property filed on October 25, 2018, Docket No. 12 (the "Motion") by U.S. Bank National Association ("Movant"). The Court, having reviewed the record and the Motion, and being otherwise sufficiently informed, FINDS: 1. On October...
DEFAULT ORDER GRANTING MOTION FOR RELIEF FROM STAY AND TO ABANDON PROPERTY IDENTIFIED AS 2013 SCION VIN #JTLZE4FE0DJ048556 DAVID T. THUMA , Bankruptcy Judge . This matter came before the Court on the Motion for Relief from Automatic Stay and to Abandon Property filed on October 30, 2018, Docket No. 14 (the "Motion") by Bridgecrest Credit Company, LLC "Movant"). The Court, having reviewed the record and the Motion, and being otherwise sufficiently informed, FINDS: 1. On October 30, 2018,...
DEFAULT ORDER GRANTING MOTION FOR RELIEF FROM STAY AND TO ABANDON PROPERTY LOCATED AT 1073 CALLE DON ROBER, SANTA FE, NM 87507 DAVID T. THUMA , Bankruptcy Judge . This matter came before the Court on the Motion for Relief from Automatic Stay and to Abandon Property filed on October 31, 2018, Docket No. 12 (the "Motion") by Quicken Loans Inc. ("Movant"). The Court, having reviewed the record and the Motion, and being otherwise sufficiently informed, FINDS: 1. On October 31, 2018, Movant...
DEFAULT ORDER GRANTING SPECIALIZED LOAN SERVICING, LLC RELIEF FROM AUTOMATIC STAY AND ABANDONMENT OF PROPERTY LOCATED AT W7280 MANSKE ROAD LAKE MILLS, WISCONSIN 83551 ROBERT H. JACOBVITZ , Bankruptcy Judge . This matter came before the Court on the Motion for Relief from Automatic Stay for the Abandonment of Property to Specialized Loan Servicing, LLC, filed on October 22, 2018, (DOC 11) (the "Motion") by Specialized Loan Servicing, LLC ("Creditor"). The Court, having reviewed the record...
OPINION Hon. David T. Thuma , United States Bankruptcy Judge . Before the Court is Plaintiff's claim for damages because Defendant gave her herpes, and for a declaration that the debt is nondischargeable under 523(a)(2)(A) and (a)(6). Defendant counters that he lacked the requisite state of mind for any debt to be nondischargeable. After conducting a trial on the merits and hearing argument, the Court finds that Defendant is liable to Plaintiff for fraud and civil battery and that the...
