David Garduno

1:10-bk-12339NmbJul 14, 2010

Full text

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF NEW MEXICO
In re:
DAVID GARDUNO 	Case No. 10-10-12339-s7
Debtor
ORDER ABANDONONG PROPERTY OF THE ESTATE
This matter comes before the Court upon the Motion of Interested Party Tortilla,
Inc. to compel certain property of the estate. (the “LLC Abandonment Motion”, docket
#25,) filed on June 23, 2010. The property consists of the debtor’s membership interest in
Garduno Family Investments, LLC, which is a single-member LLC owned by the debtor,
and which LLC owns two former restaurant properties located at 8806 Fourth Street NW,
Albuquerque, NM and 10551 Montgomery NE, Albuquerque, NM
After reviewing the Motion and the Court file, the Court FINDS:
1. 	On June 5, 2010 the Chapter 7 Trustee filed her Trustee’s report of No
Distribution, stating that there is no property available for distribution from
the estate.
2. 	The Motion to Compel Abandonment of the debtor’s interest in Garduno
Family Investments, LLC was filed June 13, 2010. (Doc. #25)
3. 	Notice of the Motion was mailed to all creditors and parties in interest on
June 23, 2010, allowing 14 days ( + 3 days for mailing) for objections. (Doc.
#26)
4. 	The objection deadline expired July 12, 2010. No objections to the LLC
Abandonment Motion have been filed.
5. 	The debtor’s interest in Garduno Family Investments, LLC is burdensome or
of inconsequential value to the estate.
IT IS THEREFORE ORDERED that the debtor’s interest in Garduno Family
Investments, LLC be, and is hereby ABANDONED from this Chapter 7 bankruptcy
estate.
Hon. James S. Starzynski
United States Bankruptcy Judge
Entered on Docket Date: July 14, 2010
Prepared and Submitted by:
MOORE, BERKSON & GANDARILLA, P.C.
Submitted via e-mail
Daniel J. Behles, of Counsel
Attorney for Debtor
P.O. Box 7459
Albuquerque, NM 87194
505-242-1218 – Fax 505-242-2836
email: Dan@Behles.com
Case 10-12339-s7 Doc 31 Filed 07/14/10 Entered 07/14/10 10:13:08 Page 1 of 1

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