Skip to main content

Page Banner(Taxonomy)

District of new mexico

In re Lovato

May
08
2006
Ruling
Debtor's case was dismissed since debtor failed to timely submit payment advices under section 521(a)(1)(B)(iv).
Procedural posture

Respondent trustee filed a motion to dismiss petitioner debtor's chapter 7 bankruptcy petition for failure to submit payment advices, pursuant to 11 U.S.C. § 521(a)(1)(B)(iv) and (i). By an administrative order entered by the court on October 4, 2005, debtors were directed not to file the payment advices with the court, but to submit them to the chapter 7 trustee no later than 7 days before the date first set for the meeting of creditors.

ABI Membership is required to access the full summary of In re Lovato Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on May 08, 2006 , LexisNexis #0606-043
LexisNexis Article
Learn More

In re Victor

May
03
2006
Ruling
Court ruled trustee could liquidate a trailer owned as marital community property subject to debtor's claimed exemption in a one-half interest in the trailer.
Procedural posture

The matter came before the court on the trustee's objection to debtor's third amendment to change chapter 7 claim of exemptions.

ABI Membership is required to access the full summary of In re Victor Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on May 03, 2006 , LexisNexis #0606-017
LexisNexis Article
Learn More

Colorado Judicial Department v. Sweeney (In re Sweeney)

Apr
21
2006
Ruling
Court reversed finding that restitution debt awarded in juvenile delinquency proceeding was nondischargeable since under state law the juvenile proceeding was not criminal in nature.
Procedural posture

Appellant debtors sought review of a decision of the Bankruptcy Court for the District of Colorado, which concluded that a restitution debt awarded in juvenile delinquency proceedings was nondischargeable under 11 U.S.C. § 1328(a)(3).

ABI Membership is required to access the full summary of Colorado Judicial Department v. Sweeney (In re Sweeney) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
opinion summary, case decided on April 21, 2006 , LexisNexis #0506-065
LexisNexis Article
Learn More

In re Payton

Mar
16
2006
Ruling
Court did not confirm reaffirmation agreement between debtors and bank since it imposed an undue hardship on debtors and their dependents.
Procedural posture

The debtors and creditor submitted for the court's approval a proposed reaffirmation agreement. The agreement reaffirmed, without reduction, a debt of $20,938.23 for a 2006 truck.

ABI Membership is required to access the full summary of In re Payton Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on March 16, 2006 , LexisNexis #0406-111
LexisNexis Article
Learn More

Gregory v. Lyman (In re Gregory Rock House Ranch LLC)

Mar
15
2006
Ruling
Remand was proper since elements of mandatory abstention were met.
Procedural posture

Plaintiff family members and their chapter 11 debtor ranch removed an action pending before the Fifth Judicial District Court, State of New Mexico, County of Dona Ana, against defendant alleged water rights converters and defendant state engineer. The alleged converters filed a motion to remand under 28 U.S.C. § 1452(b).

ABI Membership is required to access the full summary of Gregory v. Lyman (In re Gregory Rock House Ranch LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on March 15, 2006 , LexisNexis #0706-070
LexisNexis Article
Learn More

Bryant v. JCOR Mech. Inc. (In re Electron Corp.)

Jan
10
2006
Ruling
Payments were not preferential transfers since the materialman was a secured creditor in that the materialman would have been entitled to perfect a statutory lien had the materialman not been paid in full.
Procedural posture

Defendant materialman appealed an order of the bankruptcy court that avoided as preferential a payment made by debtor within 90 days before debtor filed a proceeding under chapter 11. Plaintiff was the trustee of the debtor's estate.

ABI Membership is required to access the full summary of Bryant v. JCOR Mech. Inc. (In re Electron Corp.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
opinion summary, case decided on January 10, 2006 , LexisNexis #0106-122
LexisNexis Article
Learn More

Jimenez v. Wells Fargo Bank N.A. (In re Jimenez)

Dec
21
2005
Ruling
Bank violated an automatic stay by freezing the debtor's accounts after learning of the debtor's filing.
Procedural posture

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant bank, alleging that the bank violated the automatic bankruptcy stay provisions of 11 U.S.C. § 362(a)(3) by freezing the debtor's accounts after learning of her bankruptcy. The debtor and the bank cross-moved for summary judgment.

ABI Membership is required to access the full summary of Jimenez v. Wells Fargo Bank N.A. (In re Jimenez) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on December 21, 2005 , LexisNexis #0306-013
LexisNexis Article
Learn More
Subscribe to %1