Judge Thuma

Allen, In re--Allen v. Capital One Bank

Ruling: 
Debtors lacked standing to pursue claims related to returned pre-petition garnished wages or postpetition garnished wages. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on July 10,2020, LexisNexis #0820-055

Romero, In re--Chavez v. Romero

Ruling: 
State court judgment debt based on damages to plaintiff's rental house was nondischargeable as debtor willfully and maliciously damaged it. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on June 11,2020, LexisNexis #0720-086

Las Uvas Valley Dairy, In re--Marcus v. Segal

Ruling: 
Preference claim filed more than seven years after debtor’s case closed was barred as untimely. (Bankr. D.N.M.)
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Commercial case opionion summary, case decided on May 29,2020, LexisNexis #0720-065

Sunnyland Farms, In re

Ruling: 
Debtor's motion to compel arbitration was denied as the court did not have post-confirmationjurisdiction to compel creditor to arbitrate his alleged dispute with the reorganized debtor.(Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on February 08,2019, LexisNexis #0319-047

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

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

Gonzales, In re

Ruling: 
Funds held by the trustee on the date of levy were debtor's property, not property of the bankruptcy estate. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on July 16,2018, LexisNexis #0818-115

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