Legal Opinion
In re Herrera
United States Bankruptcy Court, D. New Mexico
Decided July 15, 2016No. 15-11921 ta7PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION
Hon. David T. Thuma, United States Bankruptcy Judge
Before the Court is the Debtor’s motion for - voluntary dismissal under 11 U.S.C. § 707(a) (the “Motion”),1 The Trustee objected, and argued that he should be given the opportunity to sell Debtor’s house and an adjacent rental house for the benefit of unsecured creditors.2 After a final hearing on the merits, the Court concludes that Debtor demonstrated sufficient cause for dismissal, so the motion will be granted.
I. FACTS
The Court finds:3
*265Debtor filed his bankruptcy petition on July 17, 2015. Phillip Montoya was assigned as…
2Cases cited23 opinions
- St. Louis Baptist Temple, Inc. v. Federal Deposit Insurance CorporationCourt of Appeals for the Tenth Circuit · 1979
- LeBlanc v. SalemCourt of Appeals for the First Circuit · 1999
- Gill v. Hall (In Re Hall)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1981
- Turpen v. Eide (In Re Turpen)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2000
- In Re SchwartzUnited States Bankruptcy Court, S.D. New York · 1986
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3Cited by5 opinions
- Charles Edward Leonard, Jr.United States Bankruptcy Court, D. South Carolina · 2021
- Christopher James FranceUnited States Bankruptcy Court, D. South Carolina · 2021
- Leavers v. McLaughlinDistrict Court, D. Maryland · 2023
- Leopold Aston McLaughlin, IIIUnited States Bankruptcy Court, D. Maryland · 2023
- Lukes B. PloetzUnited States Bankruptcy Court, E.D. Wisconsin · 2022