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New Mexico

Harpole Constr., Inc., In re

Ruling: 
Court adjusted the unsecured creditors' committee's attorney fees and expenses as he was unable to prove that the hourly rate he billed was reasonable. (Bankr. D.N.M.)
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Commercial case opionion summary, case decided on April 26,2017, LexisNexis #0517-124

Garcia, In re--Garcia v. P2 Props.

Ruling: 
Garnishment lien and the paid wages are subject to avoidance as record does not make clearwhen the wages were earned by debtor and paid to the garnishing creditor. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on April 14,2017, LexisNexis #0517-073

Bushey, In re--Cronk v. Bushey

Ruling: 
Debtor's discharge denied as debtor intentionally lied at subsequent depositions given in connection with his bankruptcy case in an effort to hide his business dealings from his creditors. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on March 22,2017, LexisNexis #0417-112

Sandia Resorts, Inc., In re

Ruling: 
Motion for a stay pending appeal denied where it was not clear whether there was anything to stay as the the sale closed several weeks before the motion was filed. (Bankr. D.N.M.)
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Commercial case opionion summary, case decided on March 21,2017, LexisNexis #0417-118

Picacho Hills Util. Co., In re--Coll v. Picacho Hills Dev. Co.

Ruling: 
Court approval was not required before completing conveyance contemplated under a side agreement. (Bankr. D.N.M.)
ABI Membership is required to access the full summary of Picacho Hills Util. Co., In re--Coll v. Picacho Hills Dev. 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 March 21,2017, LexisNexis #0417-108

Novak, In re

Ruling: 
Unemployment benefits that debtor received had to be included in the debtor's current monthly income calculation as the unemployment benefits were not benefits received under the Social Security Act. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on March 23,2017, LexisNexis #0417-091

Lopez, In re--Shirley v. Lopez

Ruling: 
Default judgment obtained by motorist against the debtor in state court was discharged as thedebtor did not act willfuly or maliciously in hitting the motorist's car but rather an act of lastresort to avoid being trapped in potentially dangerous situati (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on February 02,2017, LexisNexis #0317-017

Peplinski v. Whitaker (In re Whitaker)

Ruling: 
Debtors' discharge was denied for omission of two vehicles on debtors' original schedules.(Bankr. D.N.M.)
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Consumer case opionion summary, case decided on January 24,2017, LexisNexis #0217-093

In re Flying Star Cafes, Inc.

Ruling: 
Debtor entitled to an administrative expense claim to allow it to perform its obligations.(Bankr. D.N.M.)
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Commercial case opionion summary, case decided on November 18,2015, LexisNexis #0117-099

Yaquinto v. Ehrman (In re Hart Oil & Gas)

Ruling: 
Trustee did not have standing to assert claims that were not adequately reserved. (Bankr.D.N.M.)
ABI Membership is required to access the full summary of Yaquinto v. Ehrman (In re Hart Oil & Gas). 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 December 13,2016, LexisNexis #0117-081

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