- 28 U.S.C.
HRV Santa Fe, LLC v. Wolf
Aug
30
2024
Ruling
Debtors had not carried their burden of proving that either the interest of justice or the convenience of parties and witnesses favored a transfer of the proceeding to Delaware. (Bankr. D.N.M.)
Issue(s)
Change of Venue.
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Court
:
- 11 U.S.C.
Alcon, In re
Aug
22
2024
Ruling
City’s erroneous allocation of pre- and post-petition electrical usage violated the automatic stay. (Bankr. D.N.M.)
Issue(s)
Automatic Stay.
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Court
:
- 11 U.S.C.
Valiente, In re
Oct
02
2020
Ruling
Automatic stay terminated with respect to debtors but continued to stay efforts to obtain estateproperty where debtors filed a second Chapter 13 case within a year after their first one wasdismissed. (Bankr. D.N.M.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior
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Court
:
- 11 U.S.C.
Allen, In re--Allen v. Capital One Bank
Jul
10
2020
Ruling
Debtors lacked standing to pursue claims related to returned pre-petition garnished wages or postpetition garnished wages. (Bankr. D.N.M.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
( Judge Thuma ) [ Bankruptcy Court ]
- 11 U.S.C.
Romero, In re--Chavez v. Romero
Jun
11
2020
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.
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Court
:
( Judge Thuma ) [ Bankruptcy Court ]
- 11 U.S.C.
Las Uvas Valley Dairy, In re--Marcus v. Segal
May
29
2020
Ruling
Preference claim filed more than seven years after debtor’s case closed was barred as untimely. (Bankr. D.N.M.)
Issue(s)
Limitations on Avoiding Powers; Statute of Limitations; Time Case is Closed or Dismissed.
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Court
:
( Judge Thuma ) [ Bankruptcy Court ]
- 28 U.S.C.
Sunnyland Farms, In re
Feb
08
2019
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.)
Issue(s)
Bankruptcy Cases and Proceedings.
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Court
:
- 28 U.S.C.
Kearney, In re--Kearney v. Abruzzo
Oct
11
2018
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.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Mandatory Abstention.
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Court
:
Franco, In re
Oct
05
2018
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.)
Issue(s)
Definitions; “Claim”.
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Court
:
- 28 U.S.C.
Kearney, In re
Oct
01
2018
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.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.
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Court
: