Legal Opinion
Yaryan-Parks Trust v. Martinez (In re Martinez)
United States Bankruptcy Court, D. New Mexico
Decided July 30, 2012No. Bankruptcy No. 13-11-13873 SL; Adversary No. 11-1163 SPublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION ON CROSS MOTIONS FOR SUMMARY JUDGMENT
JAMES S. STARZYNSKI, Bankruptcy Judge.
This matter is before the Court on cross motions for summary judgment. Plaintiff is represented by its attorney Holt Mynatt Martinez, P.C. (David McNeill, Jr.). Defendant (“Defendant” or “Debtor”) is represented by her attorney Ronald E. Holmes. The issue presented in this adversary proceeding is whether the Debtor retained a sufficient interest in a mobile home at the commencement of her bankruptcy case such that she can cure the associated defaulted debt1. For the reasons set forth below the Court…
2Cases cited40 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- In Re Joseph C. Taddeo and Ellen A. Taddeo, Debtors. Elfriede Di Pierro v. Joseph C. Taddeo and Ellen A. Taddeo and Richard J. McCord Interim TrusteeCourt of Appeals for the Second Circuit · 1982
- In Re N.S. Garrott & Sons and Eastern Arkansas Planting Company, a Joint Venture. N.S. Garrott & Sons, an Arkansas General Partnership, Eastern Arkansas Planting Company, an Arkansas General Partnership v. Union Planters National Bank of Memphis and Crittenden Abstract & Title Co., Inc. Chicago Title Insurance Company, Intervenor, in Re N.S. Garrott & Sons and Eastern Arkansas Planting Company, a Joint Venture. N.S. Garrott & Sons, an Arkansas General Partnership, Eastern Arkansas Planting Company, an Arkansas General Partnership v. Union Planters National Bank of Memphis, Crittenden Abstract & Title Co., Inc., Chicago Title Insurance Company, IntervenorCourt of Appeals for the Eighth Circuit · 1985
- Kiowa Indian Tribe v. HooverCourt of Appeals for the Tenth Circuit · 1998
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3Cited by3 opinions
- Murphy v. Spencer (In re Spencer)United States Bankruptcy Court, D. New Mexico · 2015
- Shirley v. Lopez (In re Lopez)United States Bankruptcy Court, D. New Mexico · 2017
- Commercial Credit Group Inc. v. Protege Excavation, Inc.District Court, D. New Mexico · 2019