Legal Opinion

Financial Services of Las Cruces, Inc. v. Tarango (In Re Tarango)

United States Bankruptcy Court, D. New Mexico

Decided January 7, 2010No. 19-10169Published

1Opinion of the Court

MEMORANDUM OPINION

ROBERT H. JACOBVITZ, Bankruptcy Judge.

THIS MATTER is before the Court on cross motions for summary judgment. 1 Plaintiff Southwest Financial Services of Las Cruces, Inc. (“Southwest Financial”) filed a complaint against Defendant Joseph Tarango asserting that the outstanding balance due under a loan Defendant obtained from Southwest Financial constitutes a non-dischargeable debt under 11 U.S.C. § 523(a)(2)(A) and (a)(6) based on the fact that the loan in question was part of a sham loan scheme perpetuated by Southwest Financial’s former president, Joseph Valdez. Southwest…

2Cases cited38 opinions

Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
Field v. MansSupreme Court of the United States · 1995
Atlantic Richfield Co. v. Farm Credit Bank of WichitaCourt of Appeals for the Tenth Circuit · 2000
In Re Robert J. Young and Donna M. Young, Debtors. Fowler Brothers v. Robert J. Young and Donna M. YoungCourt of Appeals for the Tenth Circuit · 1996
Alan B. Morrison v. Nissan Motor Co., Ltd., Nissan Motor Corporation in U. S. A., S. & R. Inc., D/B/A Vob Datsun SalesCourt of Appeals for the Fourth Circuit · 1979

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