1:10-bk-14424•Kaye Elizabeth Sandford
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________________________________ The Honorable David T. Thuma United States Bankruptcy Judge Date Entered on Docket: November 20, 2014 IT IS ORDERED ______________________________________________________________________ Case 10-14424-t7 Doc 421 Filed 11/20/14 Entered 11/20/14 14:18:02 Page 1 of 3
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IT S ORDERED
Date Entered on Docket: November 20, 2014.
The Honorable David T. Thuma
United States Bankruptcy J udge
UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEW MEXICO
In re:
Kaye Elizabeth Sandford, 7018,
Debtor, Case No. 10-14424-t7
DEFAULT ORDER GRANTING JPMORGAN CHASE BANK, NATIONAL ASSOCIATION |
ABANDONMENT OF PROPERTY LOCATED AT 83 STATE ROAD 41, GALISTEO
This matter came before the Court on the Motion to Abandon Property located at 83 State
Road 41, Galisteo, filed on October 30, 2014, Docket No. 418 (the “Motion") by JPMorgan Chase
Bank, National Association (‘Movant’). The Court, having reviewed the record and the Motion, and
being otherwise sufficiently informed, FINDS:
(a) On October 30, 2014, Movant served the Motion and a notice of the Motion (the
“Notice”) on counsel of record for the Debtor(s) and the case trustee (the “Trustee”) by use of the
Court’s case management and electronic filing system for the transmission of notices, as
authorized by Fed.R.Civ.P. 5(b)(3) and NM LBR 9036-1, and on the Debtor(s) by United States first
class mail, in accordance with Bankruptcy Rules 7004 and 9014.
GPO
Cees 10-14424-t7_ Doc 421 Filed 11/20/14 Entered 11/20/14 14:18:02 Page 1 of 3
(b} The Motion relates to the following property:
A certain tract of land being situate within the SW 1/4 and the NW 1/4 of Section 25,
Township 14 North, Range 9 East, N.M.P.M., and being more particularly described
as follows:
Beginning at the northwest corner of this tract herein described from whence the
northwest corner of Section 25, bears N. 31° 42' 15" W., 1653.55 feet; thence, from
said point and place of beginning along the following bearings and distances:
N. 43° 10° E., 135.17 feet;
N. 89° 19' E., 1673.77 feet;
S. 2° 43' 16" E., 2248.65 feet;
S. 72° 48 15' W., 144.0 feet;
N. 46° 15' W., 1930.0 feet;
N. 22° 12' 12" W., 903.87 feet;
to the point and place of beginning. Being and intended to be Tract 1. All as shown
on plat of survey by Arsenio J. Martinez, dated June 1982 which plat was filed in the
Office of the County Clerk, Santa Fe County, New Mexico, on September 17, 1982,
as Document No. 502,746.
(the “Property”).
(c} The Notice specified an objection deadline of 14 days from the date of service of the .
Notice, to which three days was added under Bankruptcy Rule 9006(f);
(d) The Notice was sufficient in form and content:
(e) The objection deadline expired on November 17, 2014;
(f) As of November 18, 2014, neither the Debtor nor the Trustee, nor any other party
in interest, filed an objection to the Motion;
(g) The Motion is well taken and should be granted as provided herein; and
(h) By submitting this Order to the Court for entry, the undersigned counsel for Movant
certifies, under penalty of perjury that, on November 18, 2014 Robin L. Hill, Bankruptcy Legal
Assistant searched the data banks of the Department of Defense Manpower Data Center
(‘DMDC"), and found that the DMDC does not possess any information indicating that the Debtor
is currently on active military duty of the United States.
IT IS THEREFORE ORDERED:
1. The Trustee is deemed to have abandoned the Property from the estate pursuant
to 11 U.S.C. §554 as of the date of entry of this Order, and the Property therefore no longer is
Case 10-14424-t7. Doc 421 Filed 11/20/14 Entered 11/20/14 14:18:02 Page 2 of 3
property of the estate. As a result, Movant need not name the Trustee as a defendant in any state
court action it may pursue to foreclosure liens against the Property and need not notify the Trustee
of any sale of the Property.
2, This Order shall continue in full force and effect if this case is dismissed or
converted to a case under another chapter of the Bankruptcy Code.
[Xxx END OF ORDER XXX|
Submitted by:
LITTLE, BRADLEY & NESBITT, P.A.
By: /S/Electronically submitted/ 11-18-14
Karen H. Bradley --~
Attorney for Creditor
P.O. Box 3509
Albuquerque, New Mexico 87190
Ph: (505) 248-2400 Fax: (505) 254-4722
Copies to:
William J. Arland, {Il
Attorney at Law
P.O. 1089
Santa Fe, NM 87504-1357
Yvette J. Gonzales
Trustee
P.O. Box 1037
Placitas, NM 87043-1037
Kaye E. Sandford
Debtor
40 Camino Vista Clara
Galisteo, NM 87540-9743
Case 10-14424-t7. Doc 421 Filed 11/20/14 Entered 11/20/14 14:18:02 Page 3 of 3Wondering how this text applies to your situation?
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