Sep
16
2016
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
Oct
11
2018
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
Oct
05
2018
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
Oct
01
2018
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
Aug
07
2018
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
Sep
06
2018
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
Aug
13
2018
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
Jul
31
2018
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
Jul
31
2018
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
Jul
26
2018
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