Los Alamos National Bank v. Potter et al

UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEW MEXICO
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06/10/06
Los Alamos National Bank v. Jeffrey W. Potter, et al.
05-01149
Order Granting [23-1] Motion To Reconsider Order [22-1] Abstaining From
Adjudicating This Adversary by Los Alamos National Bank.
Received on: 2006-02-09 11:44:02.000
2006-02-09 00:00:00.000
2006-02-09 00:00:00.000
Ellen Snyder
Case 05-01149-s Doc 28 Filed 02/09/06 Entered 02/09/06 12:56:00 Page 1 of 4

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UNITES STATES BANKRUPTCY COURT
DISTRICT OF NEW MEXICO
In re:
Jeffery Watson Potter,
Debtor. No. 11-05-14071 MS
Los Alamos National Bank,
Plaintiff,
v. Adv. No. 05-1149 M
Jeffery W. Potter, Legal Defense
and Maintenance Trust of California
Dated 8/25/03, Mariana Danilovic, Trustee,
Martin S. Friedlander, Kitty Miller,
French & French Fine Properties, Inc.
and Summit Investment Company, LLC,
Defendants.
ORDER GRANTING PLAINTIFF’S MOTION FOR RECONSIDERATION
THIS MATTER is before the Court on Los Alamos National Bank’s Motion (“LANB”) for
Reconsideration of Order Abstaining From Adjudicating This Adversary (the “Motion for
Reconsideration”) filed on January 23, 2006. Motions for reconsideration filed within ten days of the
entry of a judgment or order are governed by Rule 59(e), Fed.R.Civ.P., as incorporated into the
bankruptcy rules by Rule 9023, Fed.R.Bankr.P. See Buchanan v. Sherrill, 51 F.3d 227, 230 n.2
(10th Cir. 1995) (“No matter how styled, we construe a post-judgment motion served within ten days
of the entry of judgment and challenging the correctness of the judgment as a motion under Rule
59(e).”). Having considered the Motion for Reconsideration, the arguments of counsel and the portion
of the Order Denying Motion to Dismiss and/or To Transfer Venue and Abstaining From Adjudicating
This Adversary Proceeding (the “Order”) in which the Court abstained from adjudicating this adversary
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proceeding, the Court will grant the Motion for Reconsideration.
Prior to the filing of this bankruptcy proceeding, LANB brought suit against the Debtor, the
Legal Defense and Maintenance Trust of California Dated 8/25/03, Mariana Danilovic, Trustee and
Martin S. Friedlander, which is currently pending in the First Judicial District Court, Santa Fe County,
LANB v. Jeffrey W. Potter, et al., No. D-101-CV-2004-1145 (the “State Court Action”). Upon the
filing of this bankruptcy proceeding, the State Court Action was stayed as to the Debtor.
On January 18, 2006, the Court entered an order approving an agreement between LANB
and the Debtor to lift the stay with respect to the State Court Action. See Stipulated Order Granting
Los Alamos National Bank’s Motion to Modify Automatic Stay, attached as Exhibit 1 to Motion for
Approval of Agreement Between Debtor and Los Alamos National Bank to Modify Automatic Stay
filed on August 10, 2005 (Doc. No. 36) and approved by Order Approving Agreement Between
Debtor and Los Alamos National Bank to Modify Automatic Stay entered on January 18, 2006 (Doc.
No. 111) (collectively, the “Stay Order”). Despite the broad language of the Stay Order, the State
Court Action does not seek resolution of the precise issue presented in this adversary proceeding, i.e.
the rights of LANB, Friedlander and the other defendants to an escrow account at Rio Grande Title
Company of Santa Fe containing proceeds of a pre-petition sale in the amount of $76,428.45 (the
“Funds”). Moreover, several of the defendants named in this adversary proceeding who might assert a
claim to the Funds, are not parties to the State Court Action.
THEREFORE, IT IS ORDERED that the Motion for Reconsideration is GRANTED and that
portion of the Order indicating that the Court will abstain from hearing this adversary proceeding is set
aside.
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The scheduling conference previously set will be held as scheduled on February 17, 2006 at
11:15 am.
MARK B. McFEELEY
UNITED STATES BANKRUPTCY JUDGE
I certify that on the date shown on the attached document verification, a true and correct copy of
the foregoing was either electronically transmitted, faxed, delivered or mailed to the listed counsel
and/or parties.
James R. Jurgens
Attorney for Plaintiff
100 LaSalle Circle, Suite A
Santa Fe, NM 87505
Martin S. Friedlander, Esq.
Defendant pro se
10350 Wilshire Blvd.
Suite 603
Los Angeles, CA 90024
Chris W. Pierce
Attorney for Debtor
P.O. Box 6
Albuquerque, NM 87103
Legal Defense and Maintenance Trust
c/o Mariana Danilovic, Trustee
20380 Big Rock Drive
Malibu, CA 90024
Kitty Miller
P.O. Box 8748
Santa Fe, NM 87504
Summit Investment Company, LLC
Attention: Jeffrey W. Potter
P.O. Box 8280
Santa Fe, NM 87504-8280
Alice N. Page
U.S. Trustee
P.O. Box 608
Albuquerque, NM 87103
Eric Sommer, Esq.
Attorney for French & French
P.O. Box 1984
Santa Fe, NM 87504
Ellen C. Snyder
Law Clerk
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