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Judge Thuma

Danbom v. Prewitt (In re Prewitt)

Ruling: 
Judgment based on embezzlement was nondischargeable.
ABI Membership is required to access the full summary of Danbom v. Prewitt (In re Prewitt). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 12,2013, LexisNexis #0913-011

In re Franks Oilfield Serv.

Ruling: 
Objection to settlement filed 102 days after deadline for filing was untimely.
ABI Membership is required to access the full summary of In re Franks Oilfield Serv.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on August 09,2013, LexisNexis #0913-035

In re Hart Oil & Gas Inc.

Ruling: 
Trustee could not retain law firm that had previously represented debtor.
ABI Membership is required to access the full summary of In re Hart Oil & Gas Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on August 02,2013, LexisNexis #0913-001

Baker v. Baker (In re Baker)

Plaintiff filed suit against defendant debtor, arguing that a compromise attorney fee obligation was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(15), and therefore was not discharged when the discharge order was entered. The parties filed cross-motions for summary judgment.
Ruling: 
Attorneys' fee debt to debtor's former spouse incurred in connection with divorce was nondischargeable.
ABI Membership is required to access the full summary of Baker v. Baker (In re Baker). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 10,2013, LexisNexis #0713-089

In re Picacho Hills Util. Co.

In this contested matter, a state court receiver (Receiver) filed a Motion to Excuse Compliance with 11 U.S.C.S. § 543(a), a Motion to Dismiss for Bad Faith Filing, and a Motion to Abstain Pursuant to 11 U.S.C.S. § 305. Debtor opposed the motions.
Ruling: 
Receiver for debtor utility excused from turnover in best interests of creditors.
ABI Membership is required to access the full summary of In re Picacho Hills Util. Co.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on April 26,2013, LexisNexis #0513-086

In re Deming Hospitality LLC

Two creditors, a bank and a federal agency, filed objections to chapter 11 debtor's amended disclosure statement, asserting it should not be approved because the debtor's reorganization plan was facially not confirmable, and they would vote to reject, and would object to, the plan.
Ruling: 
Amended disclosure statement could not be approved where plan was not confirmable.
ABI Membership is required to access the full summary of In re Deming Hospitality LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on April 05,2013, LexisNexis #0513-029

Brito v. Luna

After defendant debtor defaulted on a construction contract for renovation of plaintiffs' home and filed chapter 7, plaintiffs sued for a determination of nondischargeability per 11 U.S.C.S. § 523 and /or a denial of discharge per 11 U.S.C.S. § 727. One issue was whether the post-contract lapse of debtor's contractor's license issued per the New Mexico Construction Industries Licensing Act, N.M. Stat. Ann. § 60-13-1 et seq., affected the outcome.
Ruling: 
Judgment debt for debtor's default under construction contract was nondischargeable.
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Consumer case opionion summary, case decided on March 27,2013, LexisNexis #0613-021

In re Maynard

Debtors filed a petition under chapter 7 of the Bankruptcy Code, and after they received a discharge and their case was closed, they filed a motion to reopen their case so they could challenge the enforceability of a reaffirmation agreement they signed before they received their discharge. The court held a hearing on the debtors' motion.
Ruling: 
Debtor could not reopen case to challenge validity of predischarge reaffirmation agreement.
ABI Membership is required to access the full summary of In re Maynard. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 26,2013, LexisNexis #0613-056

Estate of Jacoby v. Akbari-Shahmirzadi (In re Akbari-Shahmirzadi)

Creditor filed this adversary proceeding against debtor, asserting nondischargeability claims under 11 U.S.C.S. § 523(a)(2), (a)(4), (a)(6). The amount at issue was in the range of $670,000. The matter came before the court on debtor's Motion to Reconsider Order Granting Partial Summary Judgment as to Liability.
Ruling: 
Reconsideration of partial summary judgment in nondischargeability granted.
ABI Membership is required to access the full summary of Estate of Jacoby v. Akbari-Shahmirzadi (In re Akbari-Shahmirzadi). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 15,2013, LexisNexis #0413-083

In re Pickel

Creditor filed a motion in a debtor's bankruptcy case, seeking a determination that the stay that was imposed pursuant to 11 U.S.C.S. § 362 when the debtor declared bankruptcy did not apply to an action she filed against a Virgin Islands limited liability company ("LLC") the debtor owned. The court held a hearing on the creditor's motion and the debtor's objection to the motion.
Ruling: 
Continuation of stay conditioned on debtor not making transfers of shares in LLC without court approval.
ABI Membership is required to access the full summary of In re Pickel. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 25,2013, LexisNexis #0313-080

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