Legal Opinion
In re Mendoza
United States Bankruptcy Court, D. New Mexico
Decided January 31, 2018No. Case No. 16–10951 ta7PublishedCited by 2 opinions
1Opinion of the Court
Hon. David T. Thuma, United States Bankruptcy Judge
Debtors filed their chapter 7 bankruptcy case in 2015 but did not disclose a personal injury claim they owned. After the case was closed, Debtors received a $8,000 settlement from the insurance company. They moved to reopen their case so the claim could be listed, and the $8,000 "exempted." The case trustee objected to the exemption.
*357The Court held a final hearing on the objection on November 16, 2017. For the reasons set forth below, the Court will sustain the objection.
I. FACTS
The court finds the following facts:1
On August 13, 2014, Sandy…
2Cases cited15 opinions
- Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
- 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
- United States v. TorresCourt of Appeals for the Tenth Circuit · 2004
- Goswami v. MTC Distributing (In Re Goswami)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
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3Cited by2 opinions
- Mendoza v. Montoya (In re Mendoza)Bankruptcy Appellate Panel of the Tenth Circuit · 2019
- Phillip Montoya v. United States Bankruptcy Court for the District of New MexicoBankruptcy Appellate Panel of the Tenth Circuit · 2019