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New Mexico

Sandia Tobacco Mfrs., Inc., In re

Ruling: 
Only taxes that were assessed less than three years before the debtor declared bankruptcy were given priority status. (Bankr. D.N.M.)
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Commercial case opionion summary, case decided on September 16,2016, LexisNexis #1118-070

Kearney, In re--Kearney v. Abruzzo

Ruling: 
Court was required to abstain where trustees' claims met the requirements for permissive abstention and were within the bankruptcy court's non-core jurisdiction. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on October 11,2018, LexisNexis #1118-088

Franco, In re

Ruling: 
Trustee's objection to proof of claim in mineral rights was sustained as creditor's asserted ownership of disputed mineral rights was not a right to payment. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on October 05,2018, LexisNexis #1118-061

Kearney, In re

Ruling: 
Emergency motion to stay pending appeal was denied as court found that debtor is not likelyto succeed on the merits of the appeal and a stay pending appeal would substantially harmdebtor's creditors and cause further expense and delay. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on October 01,2018, LexisNexis #1118-028

Jackson, In re

Ruling: 
Spouse did not have a valid claim to sale proceeds as condominium was community propertythat had become part of the bankruptcy estate. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on August 07,2018, LexisNexis #1018-067

Regan, In re--Regan v. United States Dep't of Educ.

Ruling: 
Student loan debt was not dischargeable as debtor could maintain a minimal standard ofliving even if forced to repay her student loans. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on September 06,2018, LexisNexis #1018-077

Sky Country Estates, LLC, In re

Ruling: 
Property Owners' Association's motion to dismiss LLC's bankruptcy case was denied where court held that the case was not a two-party dispute. (Bankr. D.N.M.)
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Commercial case opionion summary, case decided on August 13,2018, LexisNexis #0918-094

Hungry Horse, LLC, In re

Ruling: 
Law firm's request for reimbursement of outside counsel from the LLC's bankruptcy estate denied as no employment orders were issued. (Bankr. D.N.M.)
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Commercial case opionion summary, case decided on July 31,2018, LexisNexis #0918-033

Maes, In re

Ruling: 
Court denied debtor's motion as reimposing the automatic stay upon reopening the cases would contravene the explicit provisions of the bankruptcy code governing termination of the automatic stay. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on July 31,2018, LexisNexis #0918-039

Sherman, In re--Maljamar Fuel Stop, LLC v. Sherman

Ruling: 
Creditor was entitled to a nondischargeable debt after establishing all the required elementsof nondischargeability for debt obtained by fraud. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on July 26,2018, LexisNexis #0918-012

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