Judge Jacobvitz

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

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

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

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

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