Victor P. Kearney
United States Bankruptcy Court, D. New Mexico
1Opinion
UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW MEXICO In re: VICTOR P. KEARNEY, No. 17-12274 t11 Debtor. OPINION Before the Court is the debtor’s ex-wife’s motion to dismiss this case because debtor has not paid post-petition child support as required by their marital settlement agreement. The unsecured creditors’ committee (“UCC”) and a substantial party in interest oppose the motion. The Court concludes that the ex-wife did not carry her burden of proving cause for dismissal; that unusual circumstances prevent dismissal in any event; and that the doctrine of laches was properly invoked by…
2Cases cited9 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
- In the Matter of Atlas Supply Corporation, Debtor. Gail Lee Peterson v. Atlas Supply CorporationCourt of Appeals for the Fifth Circuit · 1988
- In Re Orbit Petroleum, Inc.United States Bankruptcy Court, D. New Mexico · 2008
- Nester v. Gateway Access Solutions, Inc. (In Re Gateway Access Solutions, Inc.)United States Bankruptcy Court, M.D. Pennsylvania · 2007
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