Judge Jacobvitz

Cates, In re--Walters v. Cates

Ruling: 
Section 547(e)(3) did not change the deemed transfer date even though the deed of trust waslater recorded at a time when a family trust held record title to the property, because the debtorhad rights in the property on the date she granted the deed of trust. (B.A.P. 10th Cir.)
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Consumer case opionion summary, case decided on March 04,2013, LexisNexis #1018-020

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

Dee's FoodService ABQ Inc., In re

Ruling: 
Court did not have jurisdiction over claims to unclaimed funds that first arise after dismissalof a chapter 11 case. (Bankr. D.N.M.)
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Commercial case opionion summary, case decided on June 15,2018, LexisNexis #0718-087

Wimberly, In re

Ruling: 
Creditor and all lienholders were granted relief from automatic stay to enforce their rightsagainst debtors' property, including foreclosure of liens and a foreclosure sale as neither thedebtors nor the trustee filed an objection. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on April 23,2018, LexisNexis #0718-007

Bobo, In re

Ruling: 
Court granted trust company's motion seeking relief from the automatic stay where it servedproper notice of its motion on the debtors, the debtors' attorney, and the bankruptcy trustee,and none of those parties filed an objection to the motion. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on April 26,2018, LexisNexis #0718-008

Murphy, In re--Murphy v. United States

Ruling: 
Debtor granted a discharge of her student loan debt as court determined that debtor's loanswere undue hardship to her and her dependents. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on June 01,2018, LexisNexis #0718-017

Vega, In re

Ruling: 
Bank's motion for relief from the automatic stay was granted as court deemed that the motionwas properly and sufficiently served. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on May 17,2018, LexisNexis #0618-068

Viper Servs., LLC, In re--Viper Servs., LLC v. Fora Fin. Bus. Loans, LLC

Ruling: 
Creditor's motion to dismiss granted where debtor did not show cause to avoid the effect ofdismissal after its chapter 11 case was dismissed for failure to file postpetition quarterlyreports. (Bankr. D.N.M.)
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Commercial case opionion summary, case decided on April 13,2018, LexisNexis #0518-067

Shoua Xiong, In re

Ruling: 
Court granted motion to dismiss chapter 7 case for debtor's repeated failure to attend scheduled hearings. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on April 06,2018, LexisNexis #0518-050

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