Legal Opinion
In re Montes
United States Bankruptcy Court, D. New Mexico
Decided February 25, 2015No. 14-13043-tl13PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION
David T. Thuma, United States Bankruptcy Judge
Before the Court is the Chapter 13 trustee’s motion to dismiss this case because the debtors also have a pending Chapter 7 case. The trustee contends such simultaneous bankruptcy cases are prohibited. She argues in the alternative that the case should be dismissed on bad faith grounds. The Debtors counter that having two cases pending at the same time is not necessarily verboten and should be allowed in this case. For the reasons set forth below the Court will deny the motion, subject to certain conditions.
I. FACTS
The Court finds…
2Cases cited40 opinions
- Johnson v. Home State BankSupreme Court of the United States · 1991
- Law v. SiegelSupreme Court of the United States · 2014
- St. Louis Baptist Temple, Inc. v. Federal Deposit Insurance CorporationCourt of Appeals for the Tenth Circuit · 1979
- Schwab v. ReillySupreme Court of the United States · 2010
- LeBlanc v. SalemCourt of Appeals for the First Circuit · 1999
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3Cited by5 opinions
- Ballard v. Thoennes (In re Thoennes)United States Bankruptcy Court, D. South Carolina · 2015
- Bruce A. Ruth & Dawn Conversions, Inc. v. Swigert (In re Swigert)United States Bankruptcy Court, M.D. Pennsylvania · 2019
- In re SorensonUnited States Bankruptcy Court, D. Colorado · 2017
- Winnecour v. Chain (In re Chain)United States Bankruptcy Court, W.D. Pennsylvania · 2016
- Joseph David RiceUnited States Bankruptcy Court, W.D. North Carolina · 2025