Audrey Fleming

1:09-bk-10894Nmb01.05.2009

Gesamter Gesetzestext

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF NEW MEXICO
In re:
AUDREY FLEMING,
Debtor. 	No. 7-09-10894-M
ORDER ABANDONING CERTAIN PROPERTY OF THE ESTATE
THIS 	MATTER 	came 	before 	the 	Court 	on 	April 	29, 	2009, 	at
10:30 a.m. on Creditor Sierra Holdings, LLC's Motion For Order
Requiring 	The 	Trustee 	To 	Abandon 	Property 	Of 	The 	Estate
("Motion") 	[Docket 	No. 	18] 	with 	Creditor 	Sierra 	Holdings, 	LLC,
("Creditor"), appearing through its counsel Scott & Kienzle, P.A.
(Paul M. Kienzle III), and Trustee Robert L. Finch appearing, pro
se.
IT IS THEREFORE ORDERED THAT:
1. 	The Motion was noticed to all creditors and the matrix.
2. 	The Trustee objected. 	Debtor did not object. 	No other
creditor or interested party responded to the Motion.
3. 	Debtor 	is 	not 	receiving 	and 	shall 	not 	receive 	any
remuneration 	from 	any 	person 	or 	entity 	as 	a 	result 	of 	this
abandonment.
4. 	Trustee 	has 	done 	adequate 	due 	diligence 	regarding 	the
property at issue.
5. 	The 	property 	of 	the 	estate 	abandoned 	is 	interests 	in
Fuddruckers 	restaurant 	franchises, 	a 	franchise 	agreement
concerning 	Fuddruckers 	restaurants, 	an 	Assignment 	Agreement
concerning 	Fuddruckers 	restaurants, 	beer 	and 	wine 	licenses, 	and
other Fuddruckers restaurant related assets.
Case 09-10894-trc7 Doc 37 Filed 05/01/09 Entered 05/01/09 14:10:40 Page 1 of 2
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6. 	The 	property 	described 	above 	is 	burdensome 	to 	the
estate and is of inconsequential value and benefit to the estate.
7. 	Pursuant 	to 	11 	U.S.C. 	§554, 	the 	property 	described
above 	is 	abandoned 	and 	is 	no 	longer 	property 	of 	the 	estate, 	and
the 	Trustee 	has 	no 	further 	equitable 	or 	legal 	interest 	in 	the
property described above.
____________________________________
UNITED STATES BANKRUPTCY COURT JUDGE
Entered on Docket Date: 	05/01/09
Submitted by:
SCOTT & KIENZLE, P.A.
By: Submitted Electronically 4/30/2009
Paul M. Kienzle III
Counsel for Creditor
P.O. Box 587
Albuquerque, NM 87103-0587
505/246-8600; FAX: 246-8682
Approved by:
Approved via email 4/30/2009________
Robert L. Finch
Trustee
555 E. Main Street
Farmington, NM 87401-2742
505/325-2028
Case 09-10894-trc7 Doc 37 Filed 05/01/09 Entered 05/01/09 14:10:40 Page 2 of 2

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