Legal Opinion

In re Kadlubek Family Revocable Living Trust

United States Bankruptcy Court, D. New Mexico

Decided February 11, 2016No. 15-10736-t11PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION

Hon. David T. Thuma, United States Bankruptcy Judge

Before the Court is a secured creditor’s motion for relief from the automatic stay, sought so it can continue its pre-petition foreclosure action on the debtor’s strip shopping center in Albuquerque, New Mexico. The Court held an evidentiary hearing on the motion on January 13, 2016. For the reasons set forth below, the Court rules that the motion should be denied without prejudice, so the Debtor can attempt to confirm its plan of reorganization/liquidation.

*663I. FINDINGS OF FACT

The Court finds the following facts:1

Debtor is a…

2Cases cited20 opinions

  1. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  2. St. Louis Baptist Temple, Inc. v. Federal Deposit Insurance CorporationCourt of Appeals for the Tenth Circuit · 1979
  3. LeBlanc v. SalemCourt of Appeals for the First Circuit · 1999
  4. In the Matter of Sandy Ridge Development Corporation, Debtor. Sandy Ridge Development Corporation v. Louisiana National BankCourt of Appeals for the Fifth Circuit · 1989
  5. In Re Timbers Of Inwood Forest Associates, Ltd.Court of Appeals for the Fifth Circuit · 1987

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3Cited by3 opinions

  1. In re: Christopher Justin RisherUnited States Bankruptcy Court, D. Minnesota · 2026
  2. Roger J. OttomanUnited States Bankruptcy Court, E.D. Michigan · 2024
  3. Rosa Linda Guzman GhaffariUnited States Bankruptcy Court, D. New Mexico · 2025

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