Legal Opinion
Escobedo v. Davis (In re Escobedo)
United States Bankruptcy Court, D. New Mexico
Decided July 3, 2014No. Bankruptcy No. 7-14-11269 TL; Adversary No. 14-1069PublishedCited by 10 opinions
1Opinion of the Court
MEMORANDUM OPINION
DAVID T. THUMA, Bankruptcy Judge.
The debtor Juan Escobedo (“Debtor”) entered into a contract to purchase improved real property from defendant Yolanda Davis (“Davis”). Davis later sued the Debtor for breach of contract and obtained a state court judgment ousting Debtor and his family from possession of the property. Before the deadline to vacate the property the Debtor filed this bankruptcy case, seeking protection of the automatic stay. Knowing of the bankruptcy filing, Davis forcibly dispossessed Debt- or anyway. This adversary proceeding for willful violation of the stay…
2Cases cited26 opinions
- Kremer v. Chemical Construction Corp.Supreme Court of the United States · 1982
- State Farm Mutual Automobile Insurance v. CampbellSupreme Court of the United States · 2003
- Exxon Shipping Co. v. BakerSupreme Court of the United States · 2008
- In Re CurtisUnited States Bankruptcy Court, D. Utah · 1984
- Richard D. Price, Jr., Formerly Doing Business as Richard D. Price, Jr. & Associates, Limited v. James M. Rochford, Kirk A. Holman, Jack C. VieleyCourt of Appeals for the Seventh Circuit · 1991
21 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In re HarrisonUnited States Bankruptcy Court, N.D. Florida · 2019
- In re SwindleUnited States Bankruptcy Court, N.D. Illinois · 2018
- In re FontaineUnited States Bankruptcy Court, D. New Mexico · 2019
- Christie v. Fort Gibson State BankUnited States Bankruptcy Court, E.D. Oklahoma · 2020
- Evex Ross FranklinUnited States Bankruptcy Court, M.D. North Carolina · 2020
5 more not listed; retrieve them via the Exa API.