MEMORANDUM OPINION AFTER TRIAL ON THE MERITS IN SUPPORT OF JUDGMENT AND AWARD OF RELATED RELIEF JAMES S. STARZYNSKI, Bankruptcy Judge. This matter came before the Court for trial on the merits of the claims of AG NEW MEXICO, FCS, ACA ("ACA"), AG NEW MEXICO, FCS, PCA ("PCA"), and AG NEW MEXICO, FCS, FLCA ("FLCA") (collectively "Plaintiffs" or "AGNM") against Joe Bettencourt Borges ("Mr. Borges") and Maria Rocha Borges ("Ms. Borges") (collectively "Borges'" or "Debtors") and Debtors' Counter-...
MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge. THIS MATTER is before the Court following a final, evidentiary hearing on the merits of the United States Trustee's Amended Motion to Dismiss Pursuant to 11 U.S.C. 707(a) or Alternatively Convert to a Chapter 11 Proceeding ("UST's Motion to Dismiss or Convert" — Docket No. 69) held December 5, 2012. 1 Ronald E. Holmes appeared on behalf of the Debtors, Dr. Robert H. Quinn, Jr. and Stephanie S. Quinn. Ronald Andazola appeared on...
MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge. This matter came before the Court on November 13, 2012 for a final hearing on the Chapter 13 Trustee's Notice of Final Cure Payment pursuant to Fed.R.Bankr.P. 3002.1(f) filed July 16, 2012 ("Notice of Final Cure Payment") and a response thereto ("Response") filed July 31, 2012 by Beneficial Financial I, Inc. as successor by merger to Beneficial New Mexico, Inc. ("Beneficial"). 1 The Notice of Final Cure Payment reflected, in part,...
MEMORANDUM OPINION ON: DEFENDANT SUN LIFE INSURANCE COMPANY'S MOTION FOR SUMMARY JUDGMENT (doc 50); PLAINTIFF'S MOTION TO STRIKE AFFIDAVIT OF GENE DENISON (doc 71); and PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (doc 121) JAMES S. STARZYNSKI, Bankruptcy Judge. This matter is before the Court on the Motion for Summary Judgment filed by Defendant Sun Life Insurance Company ("Sun Life" or "Defendant")(doc 50) with supporting Memorandum (doc 52) and numerous exhibits, Plaintiff's Response and...
MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge. THIS MATTER is before the Court on the Debtor's Motion to Approve Sale of Real Property Free and Clear of Liens to Ray and Colleen Milligan Pursuant to 11 U.S.C. 363 (the "Motion") (Docket No. 31), filed by and through its attorneys of record, Law Office of George "Dave" Giddens, P.C. (Christopher Gatton). Debtor Mundy Ranch, Inc. ("Mundy Ranch") filed a supporting brief (Docket No. 42). Father Robert Mundy ("Father Mundy") filed...
MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge. THIS MATTER is before the Court on the First and Final Application by Attorneys for Debtors-in-Possession For Allowance and Payment of Compensation as a Chapter 11 Administrative Expense for the Period of June 30, 2011 Through June 6, 2012 ("Fee Application") filed by William F. Davis & Associates, P.C. ("Attorneys") as counsel for Thomas Frances Young and Consuelo Angelina Young ("Debtors" or "Mr. and Mrs. Young"). 1 See Docket No....
DEFAULT ORDER ON MOTION TO COMPEL TRUSTEE TO ABANDON ASSET ROBERT H. JACOBVITZ, Bankruptcy Judge. THIS MATTER, having come before the Court on the Motion to Compel Trustee to Abandon Asset, filed by Debtor, Brent Westmoreland (hereinafter "Debtor"), by and through his counsel, and Creditor, Alice Westmoreland (hereinafter "Creditor"), by and through her attorney of record, The Law Offices of Ron Holmes (Ron Holmes), moved this Court for an Order Compelling Trustee to Abandon Asset. The Court...
MEMORANDUM OPINION IN SUPPORT OF JUDGMENT JAMES S. STARZYNSKI, Bankruptcy Judge. Plaintiff/Trustee Dill ("Trustee") filed the complaint seeking recovery of $217,975.86 as preferential transfers and preserving those transfers or their value for the estate. 11 U.S.C. 547(b), 550 and 551. Doc 1. Defendant Brewer Oil Co. ("Brewer") responded by, among other things, denying the allegations of liability and asserting affirmative defenses of contemporaneous exchange for new value, 547(c)(1),...
DEFAULT ORDER GRANTING NATIONWIDE ADVANTAGE MORTGAGE'S MOTION FOR ABANDONMENT OF PROPERTY LOCATED AT 7317 OLD CAVERN HWY, CARLSBAD DAVID T. THUMA, Bankruptcy Judge. This matter came before the Court on the Motion for Abandonment of Property located at 7317 Old Cavern Hwy, Carlsbad, filed on October 12, 2012, Docket No. 26 (the "Motion") by Nationwide Advantage Mortgage ("Movant"). The Court, having reviewed the record and the Motion, and being otherwise sufficiently informed, FINDS: (a) On...
MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge. This adversary proceeding came before the Court on May 29, 30 and 31 and June 7, 2012 for a trial on the merits. Pedro G. Rael appeared for the Plaintiff. Jane Rocha de Gandara appeared for the Defendants. After a lengthy briefing schedule requested by the parties, both parties submitted post-trial briefs. 1 This case is particularly sad. Teresa Gonzales and Merejildo Gonzales, the Defendants, provided a great deal of care for their...
MEMORANDUM OPINION ON DEBTOR DANIEL W. COOK'S MOTION TO ALTER OR AMEND FINAL DECREE, OR ALTERNATIVELY VACATE [FINAL DECREE], REINSTATE AUTOMATIC STAY, AND TO RETAIN JURISDICTION FOR ALL MATTERS RELATED TO THE BANKRUPTCY TO AFFORD CONSTITUTIONAL RIGHTS GRANTED BY ART 1, SECTION 8, CLAUSE 4 OF THE U.S. CONSTITUTION JAMES S. STARZYNSKI, Bankruptcy Judge. This matter is before the Court 1 on Debtor Daniel W. Cook's Motion to Alter or Amend Final Decree, or Alternatively Vacate [Final Decree],...
ORDER GRANTING MOTION FOR LEAVE TO FILE A LATE RESPONSE TO NOTICE TO THE TRUSTEE'S NOTICE OF FINAL CURE PAYMENT ROBERT H. JACOBVITZ, Bankruptcy Judge. THIS MATTER is before the Court on the Motion for Leave to File a Late Response to the Trustee's Notice of Final Cure Payment ("Motion to Extend Time" — Docket No. 75) filed by Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2002-B ("Creditor"). The...
MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge. THIS MATTER is before the Court on the Motion for Partial Summary Judgment (sometimes called the "Motion") and supporting memorandum filed by Plaintiffs, Cody Farms, Inc. ("Cody Farms"), individually and derivatively as a member of and on behalf of Falcon Farms, L.L.C. ("Falcon Farms"), Robert L. Fletcher, and Mary K. Fletcher, husband and wife (the Fletchers), by and through their attorneys of record, Jennings, Strouss, & Salmon, P.L....
MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge. THIS MATTER is before the Court on the Debtor's Motion to Dismiss Sierra Chemicals, L.C.'s ("Sierra Chemicals") Complaint for Objection to Discharge and Dischargeability ("Motion to Dismiss") filed by Defendant Mitchell L. Moseley. Mr. Moseley requests dismissal of Sierra Chemicals' Complaint Objecting to Discharge ("Complaint") under Rule 12(b)(6), Fed.R.Civ.P., made applicable to adversary proceedings by Rule 7012, Fed.R.Bankr.P.,...
MEMORANDUM OPINION IN SUPPORT OF ORDER GRANTING MOTION TO REMAND, ABSTAIN AND FOR STAY RELIEF (doc 19) JAMES S. STARZYNSKI, Bankruptcy Judge. Plaintiffs' Motion to Remand, Abstain and for Relief from Automatic Stay (doc 19) ("Motion") came before the Court for the final hearing on January 24, 2012. The Motion seeks, inter alia, to have this Court send back to the First Judicial District Court, County of Santa Fe, State of New Mexico ("State Court") that certain action pending in the State...
MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge. THIS MATTER is before the Court on Defendant Cunningham's Motion to Dismiss ("Motion to Dismiss"), filed by Michelle Cunningham, by and through her attorney of record, Law Offices of Brian A. Thomas, P.C. (Brian A. Thomas). See Docket No. 9. Plaintiff, Judith A. Wagner, Chapter 11 Trustee of the bankruptcy estate of The Vaughan Company, Realtors ("Trustee"), opposes the Motion. See Plaintiff's Memorandum in Opposition to...
MEMORANDUM OPINION ON DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS DAVID T. THUMA, Bankruptcy Judge. This matter is before the Court on defendants' Motion for Judgment on the Pleadings, filed November 3, 2011 (the "Motion"), the plaintiffs' response thereto, filed January 2, 2012 (the "Response"), and the defendants' reply in support of the Motion, filed January 11, 2012 (the "Reply"). This is a core matter, and the Court may enter a final order. The Court received and reviewed briefs...
MEMORANDUM OPINION IN SUPPORT OF ORDER DENYING RELIEF UNDER 1112(b) JAMES S. STARZYNSKI, Bankruptcy Judge. The Motion of Cornelius Dooley, M.D. and Susanne Hoffman-Dooley ["Dooleys"] to Convert Debtor's Chapter 11 Case to One Under Chapter 7 or, in the Alternative, to Dismiss Debtor's Chapter 11 Bankruptcy (doc 59 — motion to convert; doc 63 — motion to dismiss) ("Motion"), and the objections thereto filed by creditors New Mexico Bank & Trust (doc 64), Farm Credit of New Mexico, FLCA (doc...
MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge. THIS MATTER is before the Court following a trial on the merits of this adversary proceeding to determine the dischargeability of certain debt owing to Plaintiff Sonny Penix ("Plaintiff" or Mr. Penix) that arose during the course of an oral agreement between Defendant Ruben Parra ("Defendant" or Mr. Parra) and Mr. Penix regarding the sale of used vehicles on consignment. Plaintiff was represented by Stephen M. Curtis. Defendants Ruben...
MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge. This matter came before the Court on July 12, 2012 for a trial on the merits on the Complaint to Recover Money or Property and For Other Equitable Relief filed by Brenda Kasuboski ("Kasuboski" or "Plaintiff") against Mark Mulholland and Ruidoso Vending, Inc. ("Mulholland" and "RVI", individually, and "Defendants", collectively). Richard Hawthorne appeared for the Plaintiff. Charles Hawthorne appeared for the Defendants. Ms. Kasuboski...
