Legal Opinion

Victor P. Kearney

United States Bankruptcy Court, D. New Mexico

Decided May 13, 2020No. 17-12274Unknown

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

  1. St. Louis Baptist Temple, Inc. v. Federal Deposit Insurance CorporationCourt of Appeals for the Tenth Circuit · 1979
  2. LeBlanc v. SalemCourt of Appeals for the First Circuit · 1999
  3. In the Matter of Atlas Supply Corporation, Debtor. Gail Lee Peterson v. Atlas Supply CorporationCourt of Appeals for the Fifth Circuit · 1988
  4. In Re Orbit Petroleum, Inc.United States Bankruptcy Court, D. New Mexico · 2008
  5. Nester v. Gateway Access Solutions, Inc. (In Re Gateway Access Solutions, Inc.)United States Bankruptcy Court, M.D. Pennsylvania · 2007

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