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Summary: 51 B.R. 790 (1985) In re Bobby Joe EDWARDS, Debtor. The Court previously addressed two of the grounds for objection in In re Bobby Joe Edwards, 51 B.R. 792 (Bkrtcy.N.M.1984;). The bank contends that the debtor had over $100,000.00 in unsecured debt at the time of the filing of the petition, and is therefore not qualified to be a debtor under chapter 13.




Summary: 367 B.R. 795 (2007) In re Jerilyn H. SILVER, Debtor. The Lincoln National Life Insurance Company, individually and as assignee of Santa Fe Private Equity Fund II, LP, Plaintiff, v. Jerilyn H. Silver, Defendant. *796 *797 *798 *799 MEMORANDUM OPINION IN SUPPORT OF JUDGMENT REVOKING THE DISCHARGE OF JERILYN H. SILVER JAMES S. STARZYNSKI, Bankruptcy Judge. Lincoln National Life Insurance Company ("Lincoln") filed a complaint seeking to revoke the discharge granted to debtor Jerilyn H. Silver. Gener......read more.


Summary: 353 B.R. 688 (2006) In re Martti RUONA, Debtor. The Debtor objected to the Motion, asserting that he has remained current on all pre- and post-petition payments due FMC, that he has until September 9, 2006 to determine whether to reaffirm the debt to FMC so that relief from the automatic stay should not be granted prior to that time, and that because FMC has accepted all payments it has waived its right to enforce any ipso facto clause in the contract between the Debtor and FMC which would other......read more.


Summary: 455 B.R. 799 (2011) In re Eloisa Maria TAYLOR, Debtor. Matthew E. Taylor, Plaintiff, v. Eloisa Maria Taylor, Defendant. THIS MATTER is before the Court on the Debtor's Motion to Dismiss Matthew E. Taylor's Complaint Objecting to Dischargeability of Debts ("Motion to Dismiss") filed by Defendant Eloisa Maria Taylor. At the final hearing on the Motion to Dismiss, Bonnie B. Gandarilla represented the Plaintiff, Matthew E. Taylor, and Karl F. Kalm represented the Defendant, Eloisa Maria Taylor. Plai......read more.






Summary: 85 B.R. 147 (1988) In re Timothy A. and Trina A. WILDE, Debtors. One account, in the name of Timothy A. or Trina A. Wilde, was debtors' personal joint checking account ("personal account"). As to the Duke City account, debtors first claim no personal interest in the account alleging that the funds are held by Mr. Wilde in trust for Duke City Aquatics, a non-profit corporation, and since these funds are not property of the debtors, the Bank cannot setoff against this account. In re Haffner, 12 B.......read more.




Summary: 456 B.R. 532 (2011) In re Kenneth Daryle RODRIGUEZ, Debtor. Denise Comstock f/k/a Denise Rodriguez, Plaintiff, v. Kenneth Daryle Rodriguez, Defendant. Defendant concedes that the debt is non-dischargeable under 11 U.S.C. § 523(a)(15), but asserts that the debt is not in the nature of support as a matter of law and requests the Court to enter summary judgment determining that the debt does not fall under 11 U.S.C. § 523(a)(5). Plaintiff requests the Court to grant summary judgment finding that th......read more.


Summary: 91 B.R. 575 (1988) In re UVAS FARMING CORPORATION, Debtor. Since the filing of the petition, it has become apparent from the pleadings, proceedings, and testimony that underlying the reorganization of the debtor is a struggle for control of the corporation between two shareholder groups. The Court makes these following ultimate findings: The debtor, UVAS Farming Corporation, is in the winemaking business near Deming, New Mexico. The minority shareholders were Laviana Investments, N.V., a Netherl......read more.


Summary: 140 B.R. 904 (1992) In re Gary SMITH, SS # XXX-XX-XXXX, Debtor. MIDI MUSIC CENTER, INC., dba Lowrey Contemporary Keyboards, Plaintiff, v. Gary N. SMITH, Defendant. Lowrey alleges that because the debt would not be dischargeable in the nondebtor spouse's hypothetical chapter 7 case, it cannot be dischargeable in the debtor's bankruptcy case. Ruth Smith (hereinafter referred to as Ruth) filed her own chapter 13 bankruptcy proceeding on June 6, 1990, case no. 13-90-01756 R L. Her husband, Gary Smit......read more.


Summary: 424 B.R. 895 (2010) In re Matthew James CHANNON, Debtor. FACTS On August 5, 2008, Messrs. Forlano and Mancini commenced an action against Matthew Channon ("Mr. Channon" or "Debtor") and CSOL Corporation ("CSOL"), a company Mr. Channon owned, alleging that Mr. Channon and CSOL defrauded Creditors in connection with their purchase of a solar system from CSOL and in connection with the purchase and sale of securities. Shortly after Creditors obtained a judgment against Mr. Channon's corporation, wh......read more.


Summary: 3 B.R. 202 (1980) In re CLOUD NINE, LTD., Debtor. This matter having come on for hearing on Wednesday, January 23, 1980, with Cloud Nine, Ltd., appearing by its counsel, Kenneth C. Downes; Plaintiffs appearing by their counsel, Stanley Sager; Defendants *203 Jack Stahl, Phil Raby, Bill Hooten, J.W. McLean, Douglas Bass and Hooten & Stahl, Inc., appearing by their counsel, C. LeRoy Hansen and Carl Butkus; Defendants Sky-Hi Development Co., Daniel E. Conley, Jr., T.A. Bonnell, Maurice Hobson, Kenn......read more.


Summary: 287 B.R. 571 (2002) In re PHASE-I MOLECULAR TOXICOLOGY, INC., Debtor. Spencer Farr, Ph.D and Suzanne Roubidoux for themselves and all creditors of the estate, Plaintiffs, v. Phase-I Molecular Toxicology, Inc., TD Javelin Capital Fund II, L.P., and Tullis-Dickerson Capital Focus II, L.P., Defendants. Robert H. Jacobvitz, Albuquerque, NM, for Phase-I Molecular Toxicology, Inc. *574 MEMORANDUM OPINION MARK B. MCFEELEY, Chief Judge. At the final hearing on confirmation of the Debtor's plan of reorga......read more.


Summary: 54 B.R. 57 (1985) In re Theodore Addison BRACKETT, a/k/a Ted Brackett, and Eloise M. Brackett, Debtors. Walter L. REARDON, Jr., Trustee, Plaintiff, v. Theodore A. BRACKETT and Eloise M. Brackett, husband and wife, and Randall L. Brackett, Defendants.


Summary: 22 B.R. 421 (1982) In re TOWN & COUNTRY COLOR TELEVISION, INC., Employer ID No. I. FACTUAL HISTORY Henry Allen Flowers and Town & Country Color Television, Inc. (Town & Country), the debtors, became indebted to Glass & Fitzpatrick for money due for services rendered by Glass & Fitzpatrick.


Summary: 157 B.R. 484 (1993) In re LLOYD McKEE MOTORS, INC., a New Mexico corporation, Federal ID # XX-XXXXXXX, and Pride Dodge, Inc., a New Mexico Corporation, Federal ID # XX-XXXXXXX, and ZMHC, Inc., a New Mexico corporation, Federal ID # XX-XXXXXXX, Debtors. FACTS ZMHC, Inc. ("ZMHC"), Lloyd McKee Motors, Inc. ("Lloyd McKee"), and Pride Dodge, Inc. ("Pride Dodge") are affiliated debtors with separate bankruptcy cases that are being jointly administered by this Court. Thus, Chrysler Credit has claimed t......read more.


Summary: 39 B.R. 300 (1984) In re Clarita Garcia DeAranda ALLISON, Debtor. This matter is before the Court upon the debtor's application, pursuant to Section 363(b) of the Bankruptcy Code for approval of a proposed lease of substantially all of the debtor's property. Thereafter, on December 13, 1983, the debtor filed an application for approval of a proposed lease between the debtor and a Mr. Ed Southwell. Ohio 1981) has been cited for the proposition that a sale of substantially all of the assets of the......read more.