Legal Opinion
Otero v. Green Tree Servicing, LLC (In re Otero)
United States Bankruptcy Court, D. New Mexico
Decided September 10, 2013No. Bankruptcy No. 7-98-14677-R; Adversary No. 12-1309-TPublishedCited by 10 opinions
1Opinion of the Court
MEMORANDUM OPINION
DAVID T. THUMA, Bankruptcy Judge.
This matter is before the Court after trial on the merits on Plaintiffs claim that Defendant violated the discharge injunction. For the reasons set forth below, the Court rules in Plaintiffs favor and finds that a sanction or damages award of $15,951 is appropriate.
I. FACTS
The Court finds that the following facts:
1. Plaintiff resides in New Mexico and is the debtor in the above-captioned, discharged, Chapter 7 bankruptcy case.
2. Defendant is a foreign corporation transacting business in New Mexico.
3. Plaintiff purchased a mobile home in 1997,…
2Cases cited18 opinions
- Donna Marie Walls, on Behalf of Herself and All Others Similarly Situated v. Wells Fargo Bank, N.A.Court of Appeals for the Ninth Circuit · 2002
- Bessette v. AVCO Financial Services Inc.Court of Appeals for the First Circuit · 2000
- David J. Pertuso, Karen A. Pertuso v. Ford Motor Credit CompanyCourt of Appeals for the Sixth Circuit · 2000
- Hardy v. United States Ex Rel. Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1996
- Ralph M. Cox, on Behalf of Himself and Others Similarly Situated v. Zale Delaware, Inc.Court of Appeals for the Seventh Circuit · 2001
13 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ridley v. M & T Bank (In re Ridley)United States Bankruptcy Court, E.D. Oklahoma · 2017
- In re RitcheyUnited States Bankruptcy Court, S.D. Texas · 2014
- Peyrano v. Sotelo (In re Peyrano)United States Bankruptcy Court, E.D. Oklahoma · 2016
- In re SanchezUnited States Bankruptcy Court, D. New Mexico · 2016
- Kellogg v. First Land Dev., LLC (In re Kellogg)United States Bankruptcy Court, D. Colorado · 2019
5 more not listed; retrieve them via the Exa API.