Legal Opinion

Victor P. Kearney

United States Bankruptcy Court, D. New Mexico

Decided July 23, 2021No. 17-12274Unknown

1Opinion

UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW MEXICO In re: VICTOR P. KEARNEY, No. 17-12274 t11 Debtor. OPINION Before the Court is Debtor’s motion for an order instructing the New Mexico Court of Appeals (“NMCOA”) that the automatic stay does not prevent it from resolving three pending appeals. The appeals arise from a decision made by the state district court (Hon. Alan Malott) that allowed certain modifications to two spendthrift trusts. Debtor is the lifetime income beneficiary of the trusts. The trust modifications are a crucial part of the Unsecured Creditors Committee’s (“UCC’s”)…

2Cases cited14 opinions

  1. New Hampshire v. MaineSupreme Court of the United States · 2001
  2. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  3. Bolden v. City of TopekaCourt of Appeals for the Tenth Circuit · 2006
  4. In Re Robert Frank-Leonard Wilson, Debtor. Lisa Baldino v. Robert Frank-Leonard Wilson Bunce D. Atkinson, TrusteeCourt of Appeals for the Third Circuit · 1997
  5. Johnson v. RiddleCourt of Appeals for the Tenth Circuit · 2002

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