Legal Opinion
Franco v. Franco (In re Franco)
United States Bankruptcy Court, D. New Mexico
Decided July 28, 2017No. Case No. 03-13492 tr7, Case No. 13-12941 tr7; Adv. No. 16-1074 tPublishedCited by 6 opinions
1Opinion of the Court
*733OPINION
David T. Thuma, United States Bankruptcy Judge
Before the Court is Carla Franco’s motion for relief from automatic stay, or for a declaration that the automatic stay does not apply. The motion was filed in the consolidated cases. Also before the Court is the chapter 7 trustee’s motion to dismiss this adversary proceeding (which was removed from state court) as having been filed in violation of the automatic stay and therefore void. After trial and a review of the relevant law, the Court rules that the automatic stay applies and should not be modified or annulled. Because of that, the…
2Cases cited30 opinions
- Albany Partners, Ltd. v. Westbrook (In Re Albany Partners, Ltd.)Court of Appeals for the Eleventh Circuit · 1984
- Soares v. Brockton Credit UnionCourt of Appeals for the First Circuit · 1997
- In the Matter of Vance Cole Chesnut, Debtor. Mark T. Brown, Templeton Mortgage Corp. v. Vance Cole ChesnutCourt of Appeals for the Fifth Circuit · 2005
- LaBarge v. Vierkant (In Re Vierkant)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1999
- Yorke v. Citibank, N.A. (In Re BNT Terminals, Inc.)United States Bankruptcy Court, N.D. Illinois · 1991
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3Cited by6 opinions
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- Leobardo Munoz and Maria Elena MunozUnited States Bankruptcy Court, D. New Mexico · 2019
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