Byrnes v. Byrnes

UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW MEXICO In re: SLYVIA MARIE BYRNES, No. 20-12086-t7 Debtor. BARRY J. BYRNES, Plaintiff, v. Adv. No. 20-1070-t (consolidated) SYLVIA MARIE BYRNES, Defendant. OPINION Before the Court is the defendant’s motion to dismiss count two of plaintiff’s amended complaint for failure to state a claim. The count has to do with a “reverse mortgage” loan the parties took out a number of years ago on their house. To avoid default, the parties must pay property taxes, insurance, maintenance costs, etc. This they did for a number of years, but defendant moved out…