Legal Opinion

In Re Davis

United States Bankruptcy Court, D. New Mexico

Decided November 1, 1984No. 19-10368PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION

MARK B. McFEELEY, Bankruptcy Judge.

This matter came before the Court on First Interstate Bank of Lea County’s (the Bank) motion to dismiss an objection to a portion of the Bank’s secured claim raised by the trustee and KCL Sales, Inc. (KCL) an unsecured creditor.

The Bank stipulated to an allegation of facts by the trustee. In 1977, New Mexico Bank and Trust Company (predecessor to the Bank) loaned Mr. and Mrs. Davis (the debtors) $39,000.00 to purchase a home in Lea County, New Mexico. This note (Note 1) was secured by a mortgage on the home. A standard printed provision in…

2Cases cited8 opinions

  1. Smith v. PRICE'S CREAMERIES, DIV., ETC.New Mexico Supreme Court · 1982
  2. Emporia State Bank & Trust Co. v. MounkesSupreme Court of Kansas · 1974
  3. Akamine & Sons, Ltd. v. American Security BankHawaii Supreme Court · 1968
  4. First National Bank in Dallas, a National Banking Association, and Cross-Appellee v. F. McQueen Rozelle, and Cross-AppellantCourt of Appeals for the First Circuit · 1974
  5. First Security Bank of Utah v. ShiewUtah Supreme Court · 1980

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3Cited by2 opinions

  1. In Re ShapiroUnited States Bankruptcy Court, E.D. Pennsylvania · 1990
  2. In Re BassUnited States Bankruptcy Court, D. New Mexico · 1984

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