New Mexico Department of Labor v. Valdez (In Re Valdez)

MEMORANDUM OPINION

STEWART ROSE, Chief Judge.

This adversary proceeding was brought by the Employment Security Division of the New Mexico Department of Labor (ESD) against the debtor, Mabel Valdez, to determine the dischargeability of debt. The ESD alleges that the debtor wrongfully collected $968.00 of unemployment compensation benefits while employed by failing to disclose her employment. Pursuant to 11 U.S.C. § 523(a)(2)(A) the ESD asserts its claim of $968.00 should be declared non-dischargeable because it was obtained by the debtor’s false representation. 1

This matter is before this Court…