OPINION Hon. David T. Thuma , United States Bankruptcy Judge . The Court entered an order confirming Debtor's plan of reorganization on December 18, 2019. At the confirmation hearing two days earlier, Debtor asked the Court to enter a final decree closing the case so it could stop paying U.S. Trustee fees. The U.S. Trustee's office objected, arguing that pending fee applications prevent closure. Having reviewed the applicable statutory and case law and considered the facts of this case,...
DEFAULT ORDER GRANTING THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., AS SUCCESSOR TO BNY MIDWEST TRUST COMPANY, BNY MIDWEST TRUST COMPANY, AS SUCCESSOR HARRIS TRUST AND SAVINGS BANK, AS TRUSTEE, OF BOMBARDIER CAPITAL MORTGAGE SECURITIZATION CORPORATION, SENIOR/SUBORDINATED PASS-THROUGH CERTIFICATES, SERIES 2000-A RELIEF FROM AUTOMATIC STAY AND ABANDONMENT (PROPERTY) DAVID T. THUMA , Bankruptcy Judge . This matter came before the Court on the Motion for Relief from Automatic Stay and...
OPINION Hon. David T. Thuma , United States Bankruptcy Judge . Before the Court is the Debtors' motion to convert this case to a chapter 12 case. Jennie D. Behles filed a limited objection to the motion, arguing that administrative expense claimants should be given notice of the motion and also that the Court must ensure conversion is equitable to those claimants. Being sufficiently advised, the Court concludes that Debtors gave sufficient notice of the motion and that administrative...
DEFAULT ORDER GRANTING MOTION FOR RELIEF FROM STAY AND TO ABANDON PROPERTY LOCATED AT 739 TAOS PL SW, ALBUQUERQUE, NM 87121 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 11, 2019, Docket No. 11 (the "Motion") by Idaho Housing and Finance Association ("Movant"). The Court, having reviewed the record and the Motion, and being otherwise sufficiently informed, FINDS: 1. On November...
DEFAULT ORDER GRANTING MOTION FOR RELIEF FROM STAY AND TO ABANDON PROPERTY IDENTIFIED AS 2014 EXISS 3H 10'LQ, VIN #4LAEH2527E5061307 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 15, 2019, Docket No. 12 (the "Motion") by Systems & Services Technologies, Inc. ("Movant"). The Court, having reviewed the record and the Motion, and being otherwise sufficiently informed, FINDS: 1. On...
MEMORANDUM OPINION ROBERT H. JACOBVITZ , United States Bankruptcy Judge . Defendant National Collegiate Student Loan Trust 2006-2, a Delaware Statutory Trust ("NCSLT") filed a motion for summary judgment determining that the debt at issue in this adversary proceeding is a non-dischargeable "educational loan" made under a "program funded . . . in part by. . . a nonprofit institution." 11 U.S.C. 523(a)(8)(A)(i). 1 The Motion for Summary Judgment includes a request to establish facts in...
DEFAULT ORDER GRANTING SUN WEST MORTGAGE COMPANY, INC. RELIEF FROM AUTOMATIC STAY AND ABANDONMENT OF PROPERTY LOCATED AT 1141 COOPER ST FARMINGTON, NEW MEXICO 87401 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 Sun West Mortgage Company, Inc., filed on November 15, 2019, (DOC 9) (the "Motion") by Sun West Mortgage Company, Inc. ("Creditor"). The Court, having reviewed the record...
DEFAULT ORDER GRANTING MOTION FOR RELIEF FROM STAY AND TO ABANDON PROPERTY LOCATED AT 9508 VALLE CALDERA RD SW, ALBUQUERQUE, NM 87121 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 October 4, 2019, Docket No. 22 (the "Motion") by Idaho Housing and Finance Association ("Movant"). The Court, having reviewed the record and the Motion, and being otherwise sufficiently informed, FINDS: 1....
OPINION Hon. David T. Thuma , United States Bankruptcy Judge . In this proceeding Plaintiff asks for a declaration that her $20+ million state court judgment against Debtor is nondischargeable. Before the Court is Plaintiff's motion for summary judgment, based entirely on the asserted preclusive effect of the state court judgment. Debtor responded to the motion but did not submit opposing evidence. Having reviewed the motion and Debtor's response, the Court finds that the amount of the...
DEFAULT ORDER GRANTING DITECH FINANCIAL LLC RELIEF FROM STAY AND ABANDONMENT OF PROPERTY LOCATED AT 130 HIDDEN LAKE CIRCLE, ANGEL FIRE, NEW MEXICO 87710 DAVID T. THUMA , Bankruptcy Judge . This matter came before the Court on the Motion for Relief from Stay and to Abandon Property located at 130 Hidden Lake Circle, Angel Fire, New Mexico 87710 filed on November 6, 2019, Docket No. 20 (the "Motion") by Ditech Financial LLC ("Movant"). The Court, having reviewed the record and the Motion,...
STIPULATED ORDER GRANTING BMO HARRIS BANK N.A. RELIEF FROM AUTOMATIC STAY AND ABANDONMENT OF PROPERTY DAVID T. THUMA , Bankruptcy Judge . This matter came before the Court on the Motion for Relief from Automatic Stay for the Abandonment of Property filed on August 27, 2019, (DOC 32) (the "Motion") by BMO Harris Bank N.A. (the " Bank "). The Court, having reviewed the record and the Motion, and being otherwise sufficiently informed, FINDS: (a) On August 27, 2019, Bank served the Motion...
OPINION Hon. David T. Thuma , United States Bankruptcy Judge . Before the Court is Debtors' motion to assume their buyers' interest in a real estate contract on an unimproved lot in Rio Rancho, New Mexico. The lot owner objects, arguing, among other things, that he did not get notice of the motion timely. The history of this matter is convoluted, involving three bankruptcy cases, three different debtors' counsel, and two owners of the lot. After conducting a final hearing on the motion...
DEFAULT ORDER GRANTING RELIEF FROM STAY AND ABANDONMENT OF PROPERTY LOCATED AT 2206 Boxwood Cir, Portales, NM 88130 DAVID T. THUMA , Bankruptcy Judge . This matter came before the Court on the Motion for Relief from Stay and Abandonment of Property filed on 10/29/2019, Docket No. 12 (the "Motion"), by Nationstar Mortgage LLC d/b/a Mr. Cooper ("Movant"). The Court, having reviewed the record and the Motion, and being otherwise sufficiently informed, FINDS: (a) On 10/29/2019, Movant served...
DEFAULT ORDER GRANTING RELIEF FROM STAY AND ABANDONMENT OF PROPERTY LOCATED AT 5712 Hayes Drive NW, Albuquerque, NM 87120 ROBERT H. JACOBVITZ , Bankruptcy Judge . This matter came before the Court on the Motion for Relief from Stay and to Abandon Property filed on October 31, 2019, Docket No. 15 (the "Motion"), by J.G. Wentworth Home Lending, LLC., its assignees and/or successors ("Movant"). The Court, having reviewed the record and the Motion, and being otherwise sufficiently informed,...
MEMORANDUM OPINION AND ORDER ALLOWING CLAIM OF JUDITH HOLCOMB, IN PART, AS AN UNSECURED PRIORITY CLAIM FOR A DOMESTIC SUPPORT OBLIGATION, AND ALLOWING THE REMAINDER OF THE CLAIM AS AN UNSECURED NON-PRIORITY CLAIM ROBERT H. JACOBVITZ , United States Bankruptcy Judge . THIS MATTER is before the Court on Creditor Judith Holcomb and Debtor's Joint Motion for Summary Judgment on Debtor's Objection to Claim No. 10 and Creditor's Response Thereto ("Motion for Court to Determine Objection to...
DEFAULT ORDER GRANTING MORTGAGE SOLUTIONS OF COLORADO, LLC RELIEF FROM STAY AND ABANDONMENT OF PROPERTY LOCATED AT 16 RD 3176, AZTEC, NEW MEXICO 87410 ROBERT H. JACOBVITZ , Bankruptcy Judge . This matter came before the Court on the Motion for Relief from Stay and to Abandon Property located at 16 Rd 3176, Aztec, New Mexico 87410 filed on October 21, 2019, Docket No. 11 (the "Motion") by Mortgage Solutions of Colorado, LLC ("Movant"). The Court, having reviewed the record and the Motion,...
DEFAULT ORDER GRANTING SUNTRUST BANK RELIEF FROM AUTOMATIC STAY AND ABANDONMENT OF PROPERTY LOCATED AT 10527 CASSIOPEIA STREET NW ALBUQUERQUE, NEW MEXICO 87114 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 SunTrust Bank, filed on October 11, 2019, (DOC 12) (the "Motion") by SunTrust Bank ("Creditor"). The Court, having reviewed the record and the Motion, and being otherwise...
OPINION Hon. David T. Thuma , United States Bankruptcy Judge . Debtor objected to his ex-wife's proof of claim. The issue is whether Debtor's obligation to make "equalization payments" to his ex-wife under a marital settlement agreement is a property settlement (dischargeable in chapter 13) or a domestic support obligation (nondischargeable). The Court tried the matter and concludes that the debt is for domestic support. Debtor's objection therefore will be overruled. I. FACTS The...
DEFAULT ORDER GRANTING BMO HARRIS BANK, N.A. RELIEF FROM AUTOMATIC STAY AND ABANDONMENT OF PROPERTY DESCRIBED AS A 2013 NISSAN ALTIMA 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 BMO Harris Bank, N.A., filed on October 4, 2019, (DOC 14) (the "Motion") by BMO Harris Bank, N.A. ("Creditor"). The Court, having reviewed the record and the Motion, and being otherwise sufficiently informed,...
DEFAULT ORDER GRANTING RELIEF FROM STAY AND ABANDONMENT OF PROPERTY LOCATED AT 451 Chardon Meadows Dr NE, Rio Rancho, NM 87124 DAVID T. THUMA , Bankruptcy Judge . This matter came before the Court on the Motion for Relief from Stay and Abandonment of Property filed on 9/25/2019, Docket No.12 (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 9/25/2019, Movant served the...
