Legal Opinion

Demetra Georgia Caporal

United States Bankruptcy Court, D. New Mexico

Decided July 21, 2023No. 23-10087Unknown

1Opinion

UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW MEXICO In re: DEMETRA GEORGIA CAPORAL, Case No. 23-10087-t13 Debtor. MEMORANDUM OPINION Before the Court is a motion for relief from the automatic stay, filed by Debtor’s estranged husband. He seeks stay relief so he and Debtor can complete a divorce proceeding, including property settlement, pending in state court. Debtor opposes the motion; she argues that allowing the state court to finalize the divorce would unduly delay her bankruptcy case, effectively denying her relief. If Debtor prevails, the Court would in essence have to divide the…

2Cases cited20 opinions

  1. Ankenbrandt Ex Rel. L. R. v. RichardsSupreme Court of the United States · 1992
  2. St. Louis Baptist Temple, Inc. v. Federal Deposit Insurance CorporationCourt of Appeals for the Tenth Circuit · 1979
  3. In Re Fidelity Mortgage Investors, Debtor. Fidelity Mortgage Investors, Applicant-Appellee v. Camelia Builders, Inc.Court of Appeals for the Second Circuit · 1977
  4. Edward Carver v. Paulette Carver, Gasper L. Toole, Iii, Frampton W. Toole, Iii, and Richard L. PearceCourt of Appeals for the Eleventh Circuit · 1992
  5. In Re CurtisUnited States Bankruptcy Court, D. Utah · 1984

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