ORDER GRANTING MOTION TO COMPEL TRUSTEE'S ABANDONMENT OF PROPERTY AND REJECTING EXECUTORY CONTRACT ROBERT H. JACOBVITZ, Bankruptcy Judge. This matter came before the Court on the Debtors' Motion to Compel Trustee's Abandonment of Property Pursuant to 11 U.S.C. 554 and to Reject Executory Contract filed October 21, 2014 as docket entry #39 (the "Motion"). Having considered the Motion and the record, and the requirements set forth in the Bankruptcy Code and Bankruptcy Rules, and being...
MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge. THIS MATTER is before the Court on the Plaintiffs' Motion for Leave to File First Amended Complaint ("Motion to Amend Complaint") — Docket No. 13. Plaintiffs' original complaint asserted non-dischargeability claims against the Debtor, Jeane Marie Greiner (sometimes called "Debtor"), under 11 U.S.C. 523(a)(4). 1 See Complaint for Declaratory Judgment and for Rule 7001(f) Adversarial Proceeding to Preclude Discharge of Secured Debt...
MEMORANDUM OPINION DAVID T. THUMA, Bankruptcy Judge. Dana Gross seeks a declaration that the amounts owed by Jeffrey and Kendra Osborne are nondischargeable under 523(a)(2)(A) and 523(a)(6). 1 The Osbornes seek to avoid Gross's liens on their real property under 522(f)(1)(A) or 547(b). The Court tried the dispute on September 23-24, 2014 and now holds that a portion of the Osbornes' debt to Gross is nondischargeable, and also that Gross's liens must be avoided. I. FACTS The...
MEMORANDUM OPINION DAVID T. THUMA, Bankruptcy Judge. Before the Court 1 is whether to grant Debtor's request to avoid four liens on her house, either because the subject debt has been paid or pursuant to 522(f). 2 Jeffrey T. Baldwin ("Baldwin") argues in opposition that the underlying debts are still due and are for domestic support, so 522(f)(1)(A) prevents avoidance. Lynda M. Latta ("Latta") argues that her attorney charging lien is not a judicial lien and cannot be avoided under...
MEMORANDUM OPINION DAVID T. THUMA, Bankruptcy Judge. Benjamin Bates ("Bates") seeks a declaration that the amounts owed by Raymond D. Siggins ("Siggins") are nondischargeable under 523(a)(2). The Court tried the dispute on August 27-28, 2014. The Court will deny the requested relief but grant alternative relief. I. FACTS Bates is a very experienced professional team roper. In 2009 he contacted Siggins about buying a horse to use in team roping rodeo events. Bates travelled from his...
MEMORANDUM OPINION DAVID T. THUMA, Bankruptcy Judge. Debtor Picacho Hills Utility Company, Inc. is a small water and sewer utility in Las Cruces, New Mexico. The United States Trustee (the "UST") and creditor Bright View Land Company, Inc. ("Bright View") moved to convert this case to Chapter 7 pursuant to 11 U.S.C. 1112(b). 1 Alternatively, Bright View moved to appoint a Chapter 11 trustee pursuant to 1104. The Court tried the matter on September 3 and 4, 2014. For the reasons set...
MEMORANDUM OPINION DAVID T. THUMA, Bankruptcy Judge. In this adversary proceeding Plaintiffs seek to have Richard Ayala's 1 debt declared nondischargeable under 11 U.S.C. 523(a)(6). 2 The Court tried the proceeding on August 25. For the reasons set forth below, the Court rules that the debt is dischargeable. I. FINDINGS OF FACT The Court finds the following facts: 3 Richard Ayala ("R. Ayala") and his brother Dennis Ayala (together, the "Ayalas") owned an approximate .9 acre parcel...
ORDER ON ABANDONMENT OF ASSETS PURSUANT TO 11 U.S.C. 554 ROBERT H. JACOBVITZ, Bankruptcy Judge. This matter came before the court on the College of the Christian Brothers of New Mexico's (the "Debtor's") Motion for Order that Assets Are Abandoned Pursuant to 11 U.S.C. 554, filed on August 11, 2014, as Doc. # 130 (the "Motion"). The Court being fully advised in the matter hereby finds: 1. The Motion was filed on August 11, 2014, by which the Debtor sought an order that all claims asserted...
MEMORANDUM OPINION DAVID T. THUMA, Bankruptcy Judge. Plaintiff initiated this adversary proceeding by filing a Motion to Declare Certain Debts Nondischargeable Pursuant to 11 U.S.C. 523 (the "Motion"). Due to procedural defects, including filing a motion rather than a complaint and failing to serve Defendant's counsel, Defendant has asked the Court to dismiss the proceeding. For the reasons set forth herein, the request will be denied but Plaintiff will be required to file an amended...
MEMORANDUM OPINION DAVID T. THUMA, Bankruptcy Judge. Debtor Picacho Hills Utility Company, Inc. is a small water and sewer utility in Las Cruces, New Mexico. Bright View Land Company, Inc. ("Bright View") filed a proof of claim in Debtor's bankruptcy case for $931,547.91, to which the Debtor objected. For the reasons set forth below, Debtor's objection is overruled. I. FACTS The Court finds the following: 1 Debtor, a New Mexico corporation, is a public utility as defined in section 3(G)...
DEFAULT ORDER GRANTING CITIMORTGAGE, INC. SUCCESSOR IN INTEREST TO ABN AMRO MORTGAGE GROUP, INC. ABANDONMENT OF PROPERTY LOCATED AT 1403 JAMES THOMPSON LANE, ESPANOLA ROBERT H. JACOBVITZ, Bankruptcy Judge. This matter came before the Court on the Motion for Abandonment of Property located at 1403 James Thompson Lane, Espanola, filed on July 14, 2014 Docket No. 25 (the "Motion") by CitiMortgage, Inc. successor in interest to ABN AMRO Mortgage Group, Inc. ("Movant"). The Court, having reviewed...
MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge. THIS MATTER is before the Court on two motions for summary judgment filed by Plaintiff Judith A. Wagner, Chapter 11 Trustee of the bankruptcy estate of the Vaughan Company Realtors (the "Trustee") against Defendant Peter McAnena. 1 The Trustee seeks judgment in her favor on her claims under 11 U.S.C. 547 and 548 of the Bankruptcy Code and under New Mexico's version of the Uniform Fraudulent Transfer Act ("UFTA"), N.M.S.A. 1978...
MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge. THIS MATTER is before the Court on the cross motions for summary judgment filed by Plaintiffs United Tort Claimants (together "UTC") and Defendant Quorum Health Resources, LLC ("QHR"). See Docket Nos. 161, 162, 168, 186, 176, 177, 189, and 194. UTC seeks a determination that QHR owed a duty to the UTC claimants and breached that duty by allowing Dr. Christian Schlicht to perform experimental back surgeries at a hospital in...
MEMORANDUM OPINION DAVID T. THUMA, Bankruptcy Judge. This matter came before the Court on the Official Committee of Unsecured Creditors' (the "UCC's") Motion for 2004 Examination of the Roman Catholic Diocese of Corpus Christi, doc. 216 (the "2004 Motion"). The UCC appeared through James Stang and John Manly, the Debtors appeared through Susan Boswell, and the Roman Catholic Diocese of Corpus Christi ("DCC") appeared through Jennie Behles. For the reasons set forth below, the Court will...
MEMORANDUM OPINION DAVID T. THUMA, Bankruptcy Judge. The debtor Juan Escobedo ("Debtor") entered into a contract to purchase improved real property from defendant Yolanda Davis ("Davis"). Davis later sued the Debtor for breach of contract and obtained a state court judgment ousting Debtor and his family from possession of the property. Before the deadline to vacate the property the Debtor filed this bankruptcy case, seeking protection of the automatic stay. Knowing of the bankruptcy filing,...
MEMORANDUM OPINION DAVID T. THUMA, Bankruptcy Judge. This matter is before the Court on Debtor's Objection to Proof of Claim (Claim No. 4), filed November 20, 2012, doc. 30 (the "Claim Objection") and the Trustee's Motion to Reconsider the Debtor's Objection to the Claim of Calvary Portfolio Services, LLC as Assignee of Fireside Bank, filed May 7, 2014, doc. 39 (the "Motion to Reconsider"). At the preliminary hearing on the Claim Objection and the Motion to Reconsider, the Debtor and Chapter...
MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge. Debtor Joe Michael Hyatt has proposed a liquidating Chapter 11 plan contained in Joe Michael Hyatt's Fourth Amended Plan of Reorganization, dated March 2014 ("the Plan"). See Docket No. 233. The Plan separately classifies and subordinates the punitive damages portion of the claim held by Cornelius Dooley, M.D. and Susanne Hoffman-Dooley (together, the Dooleys) to the claims of other creditors holding unsecured non-priority claims....
MEMORANDUM OPINION DAVID T. THUMA, Bankruptcy Judge. Swain Creations, Inc. ("Swain"), one of about 35 claimants that used Debtor's peanut butter its products, suffered substantial financial losses when the peanut butter was recalled in 2012. Swain moved for relief from the automatic stay to continue a prepetition lawsuit against Debtor. The Chapter 7 Trustee ("Trustee") objected to the motion, arguing it would be better for all similarly situated creditors if the Trustee were to pool the...
MEMORANDUM OPINION DAVID T. THUMA, Bankruptcy Judge. Physician Groups, L.C. d/b/a Medical Group of Missouri ("Movant") moved to dismiss or convert the Debtor's Chapter 7 case for lack of good faith. The Court held a final hearing on the motion on March 4, 2014. Being sufficiently advised, the Court concludes that the motion should be denied. I. FINDINGS OF FACT The Debtor filed a voluntary petition under Chapter 7 on August 16, 2013 (the "Petition Date"). Debtor, a licensed medical...
MEMORANDUM OPINION DAVID T. THUMA, Bankruptcy Judge. The Chapter 7 trustee put together auction procedures to facilitate the sale of Sunland's peanut butter manufacturing plant in Portales, New Mexico. Two bidders emerged, and an auction was held March 20, 2014. A hearing to approve the sale to the high bidder, Hampton Farms, LLC ("Hampton"), was held March 21, 2014. Right before the hearing, the trustee received a call from Golden Boy Foods, Ltd. ("Golden Boy") offering to pay an extra $5...
