Legal Opinion

Mendoza v. Montoya (In re Mendoza)

Bankruptcy Appellate Panel of the Tenth Circuit

Decided February 5, 2019No. BAP No. NM-18-019; Bankr. No. 16-10951; BAP No. NM-18-030; Bankr. No. 13-13057PublishedCited by 9 opinions

1Opinion of the Court

ROMERO, Bankruptcy Judge.

We address the appeals of Pedro Mendoza and Sandy Armijo and Steven and Darla Sue Dollman together as both appeals raise an identical legal issue: whether the New Mexico bankruptcy courts properly sustained a Chapter 7 trustee's objections to the amendment of the debtors' bankruptcy schedules.

In both cases, the bankruptcy courts concluded the general right to amend schedules provided by Federal Rule of Bankruptcy Procedure 1009(a) sets the date the case is closed as the specified period in which the debtors must file amendments to their schedules.1 As the debtors in…

2Cases cited29 opinions

  1. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  2. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
  3. Salve Regina College v. RussellSupreme Court of the United States · 1991
  4. Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
  5. Davis v. Michigan Department of the TreasurySupreme Court of the United States · 1989

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3Cited by9 opinions

  1. Christopher S. PaduchUnited States Bankruptcy Court, D. Connecticut · 2022
  2. Fred Dale Van WinkleUnited States Bankruptcy Court, D. New Mexico · 2020
  3. Fred Yen Ming Chu and Meiyu Anna ChuUnited States Bankruptcy Court, D. Maryland · 2022
  4. Fred Yen Ming Chu and Meiyu Anna ChuUnited States Bankruptcy Court, D. Maryland · 2022
  5. In re: Rose Marie WantzUnited States Bankruptcy Court, W.D. Michigan · 2023

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