ORDER RESULTING FROM HEARING ON MOTION FOR 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 to CRF Commercial Bridge Fund II, LLC, Marc Andrew Babcock, and Copper River Funding LLC, as Administrative Agent's ("Creditor"), filed on January 8, 2020 (DOC 74) (the "Motion") and the Trustee's Response to Motion for Relief from Automatic Stay...
OPINION David T. Thuma , United States Bankruptcy Judge . The personal representatives of the deceased chapter 7 debtor's probate estate moved to reopen this bankruptcy case so they can file an adversary proceeding alleging a violation of the discharge injunction and seeking other relief. The targets of the proposed proceeding objected to the motion. The parties stipulated that the Court could rule on the motion based on the current record, without an evidentiary hearing. Being...
MEMORANDUM OPINION ROBERT H. JACOBVITZ , United States Bankruptcy Judge . THIS MATTER is before the Court on the Motion for Determination of Attorney's Fees and Costs ("Motion" — Docket No. 975) and an Attorney Charging Lien (Docket No. 976) filed by Felicia C. Weingartner and Felicia C. Weingartner P.C. (together, "Weingartner Parties"). The Motion concerns a dispute between the Weingartner Parties and Tim Chelpaty over entitlement to attorney's fees collected as a result of the...
DEFAULT ORDER GRANTING RELIEF FROM STAY AND ABANDONMENT OF PROPERTY LOCATED AT 559 60th St. NW, Albuquerque, NM 87105 ROBERT H. JACOBVITZ , Bankruptcy Judge . This matter came before the Court on the Motion for Relief from Stay and Abandonment of Property filed on January 24, 2020, 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 January 24,...
STIPULATED ORDER FOR RELIEF FROM THE AUTOMATIC STAY ROBERT H. JACOBVITZ , Bankruptcy Judge . Global Lending Services LLC (the "Creditor"), by its undersigned counsel, and Linda A. Montoya (the "Debtor" and together with Creditor, the "Parties"), by and through their undersigned attorney agree and stipulate as follows. RECITALS 1. The Creditor holds a lien on the Debtor's property identified as 2014 CADILLAC CTS VIN #1G6DA1E34E0120885. 2. The Parties desire that 11 U.S.C. 362 automatic...
ORDER DENYING MOTION FOR RELIEF FROM STAY WITHOUT PREJUDICE ROBERT H. JACOBVITZ , Bankruptcy Judge . This matter is before the Court in connection with a final hearing on a motion for relief from stay set for March 4, 2020 at 1:30 pm. The Court finds: 1. On June 26, 2019, Bank of America N.A., by its counsel Weinstein & Riley, P.S., filed a motion for relief from stay (the "Stay Motion"). See Docket No. 34. 2. At a hearing held on February 6, 2020, the Court set a final hearing on the...
DEFAULT ORDER GRANTING RELIEF FROM STAY OF PERSONAL PROPERTY DAVID T. THUMA , Bankruptcy Judge . This matter came before the Court on the Motion for Relief from Stay and Abandonment of Property filed on January 28, 2020, Docket No. 18 (the "Motion") by Bank of America, N.A. ("Movant"). The Court, having reviewed the record and the Motion, and being otherwise sufficiently informed, FINDS: (a) On 1/28/2020, Movant served the Motion and notice of the Motion (the "Notice") on counsel of...
OPINION Hon. David T. Thuma , United States Bankruptcy Judge . Plaintiffs Derrick and Kimberly Hendricks leased a house to Defendants John and Brittany Griffin. Two years into a five-year lease, the Griffins moved out of the house, leaving it in disrepair. The Hendrickses sued the Griffins in state court for breach of lease and obtained a $24,735 judgment. They now ask the Court to declare the judgment nondischargeable under 523(a)(6). 1 , 2 Before trial, the Court allowed the lawyer...
MEMORANDUM OPINION ROBERT H. JACOBVITZ , United States Bankruptcy Judge . After animal welfare issued notices of determination of dangerous dog for Defendants' dogs, Daisy and Oden, Daisy got out of Defendants' fenced front yard and bit Plaintiff Adrianne Anaya, causing Plaintiff to fall and injure her leg. Pre-petition, Plaintiff sued the Defendants for personal injury and obtained a default judgment against the Defendants. Plaintiff now seeks to have the judgment declared non-...
OPINION DAVID T. THUMA , Bankruptcy Judge . Before the Court is Defendant TCNM, LLC's motion for summary judgment that it is not the successor of Las Cruces Abstract and Title Company, and therefore is not liable for any of that entity's debts. The motion has been fully briefed and argued. The Court concludes that there are no genuine issues of material fact and that Plaintiffs' successor liability claims fail as a matter of law. The motion therefore will be granted. I. FACTS There is...
DEFAULT ORDER GRANTING SELECT PORTFOLIO SERVICING, INC. RELIEF FROM STAY AND ABANDONMENT OF PROPERTY LOCATED AT 5416 KETTLE ROAD NORTHWEST, ALBUQUERQUE, NEW MEXICO 87120 DAVID T. THUMA , Bankruptcy Judge . This matter came before the Court on the Motion for Relief from Stay and Abandonment (Real Property) filed on January 29, 2020, Docket No. 23 (the "Motion") by Select Portfolio Servicing, Inc. ("Movant"). The Court, having reviewed the record and the Motion, and being otherwise...
DEFAULT ORDER GRANTING MOTION FOR RELIEF FROM STAY AND TO ABANDON PROPERTY LOCATED AT 8804 LA BARRANCA AVE. NE, ALBUQUERQUE, NM 87111-2331 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 January 29, 2020 Docket No. 17 (the "Motion") by The Money Source Inc. ("Movant"). The Court, having reviewed the record and the Motion, and being otherwise sufficiently informed, FINDS: 1. On January...
ORDER DENYING MOTION FOR RELIEF FROM STAY AS MOOT DAVID T. THUMA , Bankruptcy Judge . Before the Court is a Motion for Relief from Stay as to 3219 Snow Road, Las Cruces, NM 88005, filed by Newrez LLC on November 14, 2019, doc.18. A response to the motion was filed on November 26, 2019, doc. 20, but a hearing was never held. On March 29, 2018, the debtor received a dscharge and the case is now ready to close. IT IS HEREBY ORDERED that the motion is denied as moot.
DEFAULT ORDER GRANTING RELIEF FROM STAY OF PROPERTY LOCATED AT 12 C Arroyo Los Lopez, Nambe, NM 87506 DAVID T. THUMA , Bankruptcy Judge . This matter came before the Court on the Motion for Relief from Stay filed on 1/24/2020, Docket No. 47, (the "Motion") by Rushmore Loan Management Services LLC ("Movant"). The Court, having reviewed the record and the Motion, and being otherwise sufficiently informed, FINDS: (a) On 1/24/2020, Movant served the Motion and notice of the Motion (the "...
MEMORANDUM OPINION ROBERT H. JACOBVITZ , United States Bankruptcy Judge . THIS MATTER is before the Court on Plaintiff, Michael Alarid, Jr.'s Objection to Notice of Removal and Motion to Remand ("Motion to Remand"). The Court heard oral argument on the Motion to Remand and took the matter under advisement. The removed cross-claim asserts a state law claim to establish the debt Mr. Alarid seeks to except from the discharge in a separate pending nondischargeability proceeding. 1...
OPINION DAVID T. THUMA , Bankruptcy Judge . Ron Holmes replaced Debtors' first attorney on April 14, 2019, represented Debtors for about four months, and withdrew. During his tenure, Mr. Holmes and his legal assistant spent about 40 billable hours on the case, resulting in a fee application (including gross receipts tax and costs) of about $9,200. Debtors object that this is unreasonably high and should be reduced. Having reviewed the matter in some detail, the Court will award Mr. Holmes...
DEFAULT ORDER GRANTING MOTION FOR RELIEF FROM STAY AND TO ABANDON PROPERTY LOCATED AT 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 December 23, 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 December 23, 2019, Movant served the Motion and...
DEFAULT ORDER GRANTING MOTION FOR RELIEF FROM STAY AND TO ABANDON PROPERTY IDENTIFIED AS 4WD HST TRACTOR; FRONT END LOADER AND PALLET FORK 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 December 23, 2019, Docket No. 82 (the "Motion") by Kubota Credit Corporation ("Movant"). The Court, having reviewed the record and the Motion, and being otherwise sufficiently informed, FINDS: 1. On...
DEFAULT ORDER GRANTING RELIEF FROM STAY AND ABANDONMENT OF PROPERTY LOCATED AT 603 Park Street, Socorro, NM 87801 ROBERT H. JACOBVITZ , Bankruptcy Judge . This matter came before the Court on the Motion for Relief from Stay and Abandonment of Property filed on January 3, 2020, Docket No. 17 (the "Motion"), by Lakeview Loan Servicing, LLC ("Movant"). The Court, having reviewed the record and the Motion, and being otherwise sufficiently informed, FINDS: (a) On January 3, 2020, Movant...
DEFAULT ORDER GRANTING RELIEF FROM AUTOMATIC STAY AND ABANDONMENT OF PROPERTY LOCATED AT 260 BAZAN LOOP CORRALES, NEW MEXICO 87048 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, filed on December 27, 2019, (DOC 14) (the "Motion") by NewRez LLC d/b/a Shellpoint Mortgage Servicing as Servicer for THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS...
