- 28 U.S.C.
Hoskins Family Enters., In re--Smith & Marrs, Inc. v. Hoskins Family Enters.
Jan
25
2018
Ruling
Motion to remand granted as requirements of mandatory abstention were satisfied andfactors weighed heavily in favor of remanding under the permissive abstention doctrine.(Bankr. D.N.M.)
Issue(s)
Removal of Claims Related to Bankruptcy
ABI Membership is required to access the full summary of Hoskins Family Enters., In re--Smith & Marrs, Inc. v. Hoskins Family Enters. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Brainard, In re--Mazel v. Holley
Jan
09
2018
Ruling
Court could not determine whether a note and purchase agreement was an executory contractas the court could not determine whether the debtor only retained a security interest or if heretained ownership and managerial authority. (Bankr. D.N.M.)
Issue(s)
Executory Contracts and Unexpired Leases.
ABI Membership is required to access the full summary of Brainard, In re--Mazel v. Holley Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Santa Fe Med. Grp., LLC, In re--Montoya v. Lieberman
Jan
04
2018
Ruling
Trustee was entitled to recover pre-petition payments made by debtor medical group to defendant as the debtor did not receive reasonably equivalent value for the payments. (Bankr. D.N.M.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.
ABI Membership is required to access the full summary of Santa Fe Med. Grp., LLC, In re--Montoya v. Lieberman Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Torres-Montoya, In re--O'brien v. Montoya
Dec
22
2017
Ruling
Plaintiff's complaint did not state a cause of action as it did not allege that the debtor obtained a benefit from the plaintiff by his alleged fraud. (Bankr. D.N.M.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
ABI Membership is required to access the full summary of Torres-Montoya, In re--O'brien v. Montoya Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Davide, In re--Lujan v. Davide
Dec
11
2017
Ruling
Court entered supplemental judgment to clarify that nondischargeable debt was owed by female debtor, not the male debtor. (Bankr. D.N.M.)
Issue(s)
New Trials; Amendment of Judgments.
ABI Membership is required to access the full summary of Davide, In re--Lujan v. Davide Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Davide, In re--Lujan v. Davide
Dec
11
2017
Ruling
Debt owed by debtor to a creditor declared nondischargeable for debtor's materialmisrepresentations and omissions about her businesses' financial condition. (Bankr. D.N.M.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
ABI Membership is required to access the full summary of Davide, In re--Lujan v. Davide Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Picacho Hills Util. Co., In re--Coll v. Picacho Hills Dev. Co.
Dec
01
2017
Ruling
Trustee who had administered a utility company's chapter 7 case has standing to seek an orderto claim debts due to the said company. (Bankr. D.N.M.)
Issue(s)
Turnover of Property to the Estate.
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
Court
:
- 11 U.S.C.
Mladek, In re--Estate of Coleman v. Mladek
Nov
09
2017
Ruling
Debtor's motion to dismiss nondischargeability complaint for lack of subject matter jurisdiction was denied as the jurisdiction of bankruptcy courts to determine nondischargeability claims extends to liquidating and entering judgment for the claims. (Bankr. D.N.M.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
ABI Membership is required to access the full summary of Mladek, In re--Estate of Coleman v. Mladek Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Alliance Well Serv., LLC, In re--Alliance Well Serv., LLC v. J.S. Ward & Son, Inc.
Oct
27
2017
Ruling
Debts could not be offset where creditor's obligation to forward the refund to debtor arose post-petition. (Bankr. D.N.M.)
Issue(s)
Setoff.
ABI Membership is required to access the full summary of Alliance Well Serv., LLC, In re--Alliance Well Serv., LLC v. J.S. Ward & Son, Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Wallace, In re
Oct
19
2017
Ruling
U.S. Trustee's request that counsel be required to file a fee application for dismissed case wasgranted. (Bankr. D.N.M.)
Issue(s)
Compensation of Officers.
ABI Membership is required to access the full summary of Wallace, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: