OPINION DAVID T. THUMA , Bankruptcy Judge . Before the Court is Debtor's motion to order his mortgage lender to pay more than $67,000 in attorney fees he incurred. The lender objects. Because there is no contractual or statutory basis for the requested relief, and also because the facts do not warrant it, the Court will deny the motion. I. FINDINGS OF FACT 1 Debtor owns a mobile home and land (the "Property") in Waterflow, New Mexico, an unincorporated town west of Farmington, New...
MEMORANDUM OPINION ROBERT H. JACOBVITZ , Bankruptcy Judge . THIS MATTER is before the Court following a trial on the merits of the second phase of this litigation involving negligence claims against Quorum Health Resources, LLC ("QHR"). The United Tort Claimants (the "UTC") 1 and QHR were represented at trial by counsel as noted on the record. As recited in the Court's Amended Memorandum Opinion ("Amended Memorandum Opinion" — Docket No. 286) entered following the trial on the liability...
OPINION DAVID T. THUMA , Bankruptcy Judge . Debtors' former counsel asked the Court to enter a money judgment against debtors for the attorney fees and costs allowed in this dismissed case. The Court holds that its final order allowing fees is a judgment establishing debtors' debt to counsel. If counsel wishes to collect the debt in state court, no further judgment is needed from this Court. The Court also rules that, to the extent it has ancillary jurisdiction over the fee collection...
OPINION DAVID T. THUMA , Bankruptcy Judge . Before the Court is defendant John Ehrman's motion to dismiss all claims against him for lack of standing. Ehrman argues that the plan of liquidation confirmed in this bankruptcy case did not adequately reserve the claims against him, so plaintiff has no claims to pursue. The Court finds that the motion is well taken and should be granted. I. FACTS For the purpose of ruling on the motion, the Court finds the following facts: 1 Debtor...
OPINION DAVID T. THUMA , Bankruptcy Judge . Before the Court is Marilyn Smelcer's motion to require Kirk Kennedy to return at least $22,753 to the liquidation trustee for redistribution. Smelcer argues that the payment was contrary to Kennedy's fee agreement with the liquidation estate. Kennedy counters that the agreement was changed in September 2015 to allow him to collect the funds. The Court rules that the amended agreement is ambiguous, and that a proper interpretation requires the...
MEMORANDUM OPINION ROBERT H. JACOBVITZ , United States Bankruptcy Judge . Before the Court is the United States Trustee's ("UST") Amended Motion to Convert Chapter 11 Case to Chapter 7, or in the Alternative, Motion to Dismiss (Docket No. 308) (the "Motion"). The Debtor filed its Concurrence with and Response in Support of the Motion (Docket No. 318) ("Concurrence"). Creditors, Lawrence Castleman and Harminder Sian, filed Notices of Creditor's Preference for Dismissal Regarding Motion to...
OPINION David T. Thuma , United States Bankruptcy Judge . Before the Court are the chapter 11 trustee's motion to reject a lease, filed in case no. 15-12386, and the trustee's emergency motion for relief from stay, filed in case no. 16-12829. This opinion is issued in both cases because of the significant legal and factual overlap. The main dispute is whether the trustee should be allowed to reject a lease between his estate as lessor and the debtor in possession in case. no. 16-12829 as...
MEMORANDUM OPINION ROBERT H. JACOBVITZ , United States Bankruptcy Judge THIS MATTER is before the Court on the Motion for Relief from Stay (Docket No. 6) (the "Motion") filed by BOKF, N.A. ("BOKF"). For the reasons explained below, the Court finds that BOKF has standing to seek relief from the automatic stay and that cause exists to lift the automatic stay. BOKF obtained a default judgment for foreclosure of real property in state court, purchased the property at a foreclosure sale,...
MEMORANDUM OPINION ROBERT H. JACOBVITZ , United States Bankruptcy Judge . Before the Court is the Trustee's Motion to Enforce Carveout for General Unsecured Creditors ("Motion") filed by Craig H. Dill, Chapter 7 Trustee ("Trustee"). See Docket No. 509. The Motion requests the Court to enforce an order that provides for distribution of certain settlement proceeds to "general unsecured creditors." See Stipulation and Agreed Order between Virtual Reality Enterprises, LLC and the...
OPINION DAVID T. THUMA , Bankruptcy Judge . Before the Court is defendant's motion to dismiss the adversary proceeding, abstain, or transfer venue to Dallas, Texas. The motion is based on the fact that the asserted claims arise from a post-petition contract between the parties that was part of the Debtor's normal business operations, coupled with defendant's allegation that it lacks minimum contacts with New Mexico. The Court finds defendant has sufficient contacts with New Mexico for...
AMENDED OPINION DAVID T. THUMA , Bankruptcy Judge . Before the Court is defendant Al Dokhan General Trading Co.'s motion to dismiss Plaintiff's complaint for lack of personal jurisdiction and failure to state a claim. The Court concludes that is has jurisdiction over Al Dokhan, and declines to dismiss under Rule 12(b)(6). The motion therefore will be denied. I. FACTS The Court's decision is based on the following allegations and facts, taken from Plaintiff's affidavit and other...
OPINION DAVID T. THUMA , Bankruptcy Judge . Before the Court is defendant Al Dokhan General Trading Co.'s motion to dismiss Plaintiff's complaint for lack of personal jurisdiction and failure to state a claim. The Court concludes that is has jurisdiction over Al Dokhan, and declines to dismiss under Rule 12(b)(6). The motion therefore will be denied. I. FACTS The Court's decision is based on the following allegations and facts, taken from Plaintiff's affidavit and other evidence...
MEMORANDUM OPINION ROBERT H. JACOBVITZ , United States Bankruptcy Judge . THIS MATTER is before the Court for a trial on the merits. 1 Plaintiff Cady Landrum (referred to hereinafter as "Plaintiff" or Ms. Landrum) filed a complaint in state court against Dr. Surgit Moolamalla in the Twelfth Judicial District Court, Otero County, State of New Mexico as Case No. D-1215-CV-2014-0605 (the "State Court Action"). In this adversary proceeding, she seeks a declaratory judgment determining, (i)...
MEMORANDUM OPINION ROBERT H. JACOBVITZ , Bankruptcy Judge . Before the Court is the Debtor's Amended Motion for Designation of Ramada Worldwide, Inc.'s Ballots Accepting NCG, LLC's Amended Plan and Rejecting Debtor's Second Amended Plan under 11 U.S.C. 1126(e) as Having Been Solicited in Bad Faith ("Motion for Designation of Ballots"). See Docket No. 259. The Court held a final, evidentiary hearing on the Motion for Designation of Ballots and took the mater under advisement. Having...
MEMORANDUM OPINION ROBERT H. JACOBVITZ , United States Bankruptcy Judge . This adversary proceeding is before the Court for a trial on the merits. The Chapter 7 Trustee, Philip J. Montoya (the "Chapter 7 Trustee" or "Trustee"), by and though his attorneys Askew & Mazel, LLC ("A & M"), seeks a declaratory judgment that the Debtor had a community interest in the 2013 Monte Carlo 40SC Trailer, with the VIN # 5CZ200R36D1123116 (the "Monte Carlo") as of the Petition Date and that Debtor failed...
MEMORANDUM OPINION ROBERT H. JACOBVITZ , United States Bankruptcy Judge . Creditors Roger Cronk, Nancy Cronk, Brandon Ashcraft, Amber Ashcraft and Blonde and Bitter, LLC (together, "Creditors") objected to Debtor Scott A. Bushey's claims of exemption under the New Mexico exemption statutes. See Amended Objection to Property Claimed as Exempt (Docket No. 40). Creditors assert that Debtor is not entitled to claim any exemptions under N.M.S.A. 1978 42-10-1 because he is not married and...
MEMORANDUM OPINION ROBERT H. JACOBVITZ , United States Bankruptcy Judge . Before the Court is the motion to tax costs filed by Plaintiffs. See Docket No. 146 (the "Motion"). Plaintiffs obtained a nondischargeable judgment against Defendants in the amount of $35,946 on two claims for embezzlement under 11 U.S.C. 523(a)(4). Plaintiffs now seek reimbursement of $9,750.25 in litigation costs, including fees for copying, transcription services, and witness travel. After carefully reviewing...
MEMORANDUM OPINION ROBERT H. JACOBVITZ , United States Bankruptcy Judge . THIS MATTER is before the Court on the Defendants' Motion and Brief in Support of Summary Judgment on Amended Complaint for Violation of the Automatic Stay and Discharge; And Petition for Temporary Restraining Order Injunction, Sanctions, Civil Contempt, and Attorneys['] Fees and Costs for Willful Violation of Discharge Injunction ("Motion for Summary Judgment"). See Docket Nos. 5 and 6. Because the facts not...
OPINION Hon. David T. Thuma , United States Bankruptcy Judge . Before the Court is Debtor's motion to reject a state court settlement agreement with a homeowner's association. The Court previously found the settlement agreement was an executory contract. The homeowner's association resists rejection, arguing that it can obtain specific performance of the agreement, rejection would improperly contravene a state court order, and the proposed rejection is in bad faith. The Court disagrees...
OPINION Hon. David T. Thuma , United States Bankruptcy Judge . Before the Court is a supplemental fee application, filed by debtors' counsel after the Debtors made their final plan payment. The chapter 13 trustee objected to the application based on, inter alia, laches. The Court concludes that the fees should be allowed under 330 1 and as a 503(b)(2) administrative expense, but that the timing of the application may affect collectability of the fees. I. FACTS 2 Debtors filed...
