OPINION DAVID T. THUMA , Bankruptcy Judge . Before the Court are the following motions: 1. Debtor's motion to convert his case from Chapter 7 to Chapter 13, doc. 142; 2. The chapter 7 trustee's motion to approve a settlement with Los Alamos National Bank ("LANB"), doc. 147; and 3. The trustee's motion for turnover of tax refunds, doc. 128. For the reasons set forth below, the Court will deny the motion to convert and grant the other two. I. FACTS The following findings of fact and...
STIPULATED AND DEFAULT ORDER MODIFYING AUTOMATIC STAY AND FOR ABANDONMENT OF PROPERTY (Creditor Clifford Family Intervivos Trust) ROBERT H. JACOBVITZ , Bankruptcy Judge . THIS MATTER came before the Court upon the stipulation of the Debtor and Creditor Clifford Family Intervivos Trust (hereinafter, "Creditor"), by and through their undersigned counsel. The Court, having reviewed the record and the Motion, and being otherwise sufficiently informed, FINDS: a. The Debtor filed a petition...
OPINION Hon. David T. Thuma , United States Bankruptcy Judge . Before the Court is Defendant's motion for judgment on the pleadings, seeking dismissal of Plaintiff's 523(a)(2)(A) claim. Having reviewed the motion, the response thereto, and the applicable law, the Court concludes that the motion is well taken, but that the Plaintiff should be given the opportunity to amend his complaint. I. FACTS For the limited purpose of ruling on the motion, the Court takes the following...
DEFAULT ORDER GRANTING MOTION FOR RELIEF FROM STAY AND TO ABANDON PROPERTY LOCATED AT 64 KUHN RD, DEMING, NM 87059 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 November 15, 2017, Docket No. 9 (the "Motion") by TIB The Independent BankersBank, N.A. ("Movant"). The Court, having reviewed the record and the Motion, and being otherwise sufficiently informed, FINDS: 1. On November 15,...
DEFAULT ORDER GRANTING MOTION FOR RELIEF FROM STAY AND TO ABANDON PROPERTY LOCATED AT 9731 EL PATRON 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 November 10, 2017, Docket No. 15 (the "Motion") by BOKF, NA ("Movant"). The Court, having reviewed the record and the Motion, and being otherwise sufficiently informed, FINDS: 1. On November 10, 2017 Movant...
STIPULATED ORDER GRANTING MOTION FOR RELIEF FROM THE AUTOMATIC STAY AND ABANDONMENT OF PROPERTY DAVID T. THUMA , Bankruptcy Judge . This matter came before the court on the stipulation of relief from the automatic stay and abandonment, between the Creditor, First America Bank ("Creditor"), and the Debtor, Clancy Maurice Dean ("Debtor"), by and through its respective attorneys of record, and the Chapter 7 trustee. The Court, having reviewed the agreement as expressed in this Stipulated...
DEFAULT ORDER GRANTING MOTION FOR RELIEF FROM STAY AND TO ABANDON PROPERTY KNOWN AS 2008 GMC ACADIA, VIN #1GKEV13758J258823 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 15, 2017, Docket No. 13 (the "Motion") by Bridgecrest Credit Company, LLC ("Movant"). The Court, having reviewed the record and the Motion, and being otherwise sufficiently informed, FINDS: 1. On November 15,...
MEMORANDUM OPINION AND ORDER DENYING MOTION TO VACATE VOID JUDGMENTS PER RULE 60(b)(4) ROBERT H. JACOBVITZ , Bankruptcy Judge . The matter is before the Court on the Motion to Vacate Void Judgments Per Rule 60(b)(4) ("Motion to Vacate") filed by David and Lee Ann Lankford, pro se, on November 30, 2017. See Docket No. 155. Judith A. Wagner, Chapter 11 Trustee of the bankruptcy estate of The Vaughan Company, Realtors (the "Trustee") opposes the Motion to Vacate. See Judgment Creditor'...
OPINION Hon. David T. Thuma , United States Bankruptcy Judge . Defendants filed their chapter 11 bankruptcy case roughly nineteen months after borrowing $250,000 from Plaintiff. The Court must now determine whether Plaintiff's claim is nondischargeable under 11 U.S.C. 523(a)(2)(A), (a)(4), or (a)(6). After conducting a trial on the merits and hearing the arguments of counsel, the Court holds that Defendant's debt to Plaintiff is nondischargeable under 523(a)(2)(A). I. FACTS The...
DEFAULT ORDER GRANTING RELIEF FROM STAY AND ABANDONMENT OF PROPERTY LOCATED AT 3805 East 8th Street, Panama City, FL 32401 DAVID T. THUMA , Bankruptcy Judge . This matter came before the Court on the Motion for Relief from Stay and to Abandon Property filed on November 15, 2017, Docket No. 11 (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 November 15, 2017, Movant served...
STIPULATED ORDER REGARDING THE AUTOMATIC STAY AS TO REAL PROPERTY AND 2005 MANUFACTURED HOME DAVID T. THUMA , Bankruptcy Judge . Came on for consideration Vanderbilt Mortgage and Finance, Inc's ("Movant") Motion for Relief from the Automatic Stay and Notice having been given and the response period having passed and only the Debtor having objected, with Final Hearing set for Monday, December 11, 2017 at 1:30 pm, and the Movant and Debtor having reached an agreement to pass the final...
DEFAULT ORDER GRANTING GATEWAY MORTGAGE GROUP, LLC RELIEF FROM STAY AND ABANDONMENT OF PROPERTY LOCATED AT 509 LACIMA RD, GALLUP, NEW MEXICO 87301 ROBERT H. JACOBVITZ , Bankruptcy Judge . This matter came before the Court on the Motion for Relief from Stay and to Abandon Property located at 509 LaCima Rd, Gallup, New Mexico 87301 filed on November 6, 2017, Docket No. 12 (the "Motion") by Gateway Mortgage Group, LLC ("Movant"). The Court, having reviewed the record and the Motion, and...
DEFAULT ORDER GRANTING WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST, AS INDENTURE TRUSTEE, FOR THE CSMC 2017-1 TRUST, MORTGAGE-BACKED NOTES, SERIES 2017-1 RELIEF FROM STAY AUTOMATIC STAY AND ABANDONMENT (REAL PROPERTY) DAVID T. THUMA , Bankruptcy Judge . This matter came before the Court on the Motion for Relief from Automatic Stay and Abandonment (Real Property) located at 1702 North Cochiti Avenue, Farmington, New Mexico 87401 filed on November 7, 2017, Docket No. 20 (...
DEFAULT ORDER GRANTING MOTION FOR RELIEF FROM STAY AND TO ABANDON PROPERTY LOCATED AT 4009 N OWENS PL, HOBBS, NM 88240 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 November 6, 2017, Docket No. 57 (the "Motion") by Quicken Loans Inc. ("Movant"). The Court, having reviewed the record and the Motion, and being otherwise sufficiently informed, FINDS: 1. On November 6, 2017, Movant...
DEFAULT ORDER GRANTING BANK OF AMERICA, N.A. RELIEF FROM AUTOMATIC STAY AND ABANDONMENT OF PROPERTY TO BANK OF AMERICA, N.A. LOCATED AT 10900 PRINCESS JEANNE AVE ALBUQUERQUE, NEW MEXICO 87112 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 Bank of America, N.A., filed on October 26, 2017, (DOC 14) (the "Motion") by PennyMac Loan Services, LLC, as servicer for Bank of America, N.A. ("BOA")....
OPINION Honorable David T. Thuma , United States Bankruptcy Judge In this action, Plaintiff seeks to recover $268,000 and certain water rights from Defendant. In August 2017, the parties filed cross motions for partial summary judgment on discrete issues of law. Having reviewed the pleadings and summary judgment papers, the Court will grant Plaintiff's motion for the most part, and will deny Defendant's motion. I. FACTS For the limited purpose of ruling on the summary judgment...
ORDER GRANTING RELIEF FROM THE AUTOMATIC STAY AND ABANDONMENT BY DEFAULT ROBERT H. JACOBVITZ , Bankruptcy Judge . This matter came before the Court on Movant's Motion for Relief From Stay and Abandonment (Doc. #10) filed on October 20, 2017. Pursuant to Bankruptcy Rule 9014, a copy of the motion along with a Notice of Deadline For Filing Objections To Motion For Relief From Stay and Abandonment (Doc. #11) were mailed on October 20, 2017 to the Debtor, her attorney and the trustee,...
DEFAULT ORDER GRANTING U.S. BANK NATIONAL ASSOCIATION RELIEF FROM AUTOMATIC STAY AND ABANDONMENT OF PROPERTY TO U.S. BANK NATIONAL ASSOCIATION LOCATED AT 4609 ALBANY COURT 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 U.S. Bank National Association, as trustee, on behalf of the holders of the Asset Backed Securities Corporation Home Equity Loan...
DEFAULT ORDER GRANTING FREEDOM MORTGAGE CORPORATION RELIEF FROM AUTOMATIC STAY AND ABANDONMENT OF PROPERTY TO FREEDOM MORTGAGE CORPORATION LOCATED AT 53 WILDY DR ROSWELL, NEW MEXICO 88203 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 Freedom Mortgage Corporation, filed on, October 19, 2017 (DOC 12) (the "Motion") by Freedom Mortgage Corporation ("Freedom Mortgage"). The Court,...
OPINION DAVID T. THUMA , Bankruptcy Judge . Before the Court is Dennis O'Brien's motion for relief from the automatic stay, filed to allow the continuation of pending state court litigation against the debtor, Dennis Montoya. Having reviewed the motion, all supporting affidavits and briefs, and having taken testimony and other evidence at a final hearing, the Court concludes that stay relief is not warranted because it could result in overlapping state and federal trials. I. FACTS For...
