1:14-bk-10704•Steve Edward Henry
Full text
File No. NM-14-107558 Order, Case No. 7-14-10704-TA UNITED STATES BANKRUPCTY COURT DISTRICT OF NEW MEXICO IN RE: Steve Edward Henry Debtor Case No. 7-14-10704-TA DEFAULT ORDER GRANTING MOTION TO COMPEL ABANDONMENT OF PROPERTY LOCATED AT 9715 Desert Pine Avenue SW, Albuquerque, NM 87121 This matter came before the Court on the Motion to Compel Abandonment of Property filed on 12/12/2014, Docket No. 55, (the “Motion”) by Wells Fargo Bank, N.A. (“Movant”). The Court, having reviewed the record and the Motion, and being otherwise sufficiently informed, FINDS: (a) On 12/12/14, Movant served the Motion and notice of the Motion (the “Notice”) on counsel of record for Debtor, Steve Edward Henry, and the case trustee, Edward Alexander Mazel, (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. ________________________________ The Honorable David T. Thuma United States Bankruptcy Judge Date Entered on Docket: January 15, 2015 IT IS ORDERED ______________________________________________________________________ Case 14-10704-t7 Doc 57 Filed 01/15/15 Entered 01/15/15 14:39:59 Page 1 of 4
File No. NM-14-107558 Order, Case No. 7-14-10704-TA 5(b)(3) and NM LBR 9036-1, and on the Debtor and US Trustee by United States first class mail, in accordance with Bankruptcy Rules 7004 and 9014. (b) The Motion relates to the following property: 9715 Desert Pine Avenue SW Albuquerque, NM 87121 (c) The Notice specified an objection deadline of 21 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 1/7/2015. (f) As of 1/13/2015, 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; (h) It is appropriate under 11 U.S.C. §554(b) to order the Trustee to abandon the property. (h) By submitting this Order to the Court for entry, the undersigned counsel for Movant certifies under penalty of perjury that on 1/13/2015 McCarthy & Holthus, LLP 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 Property is abandoned by the Trustee as of the date of entry of this Order, and the Property is no longer property of the bankruptcy estate ###END OF ORDER### Case 14-10704-t7 Doc 57 Filed 01/15/15 Entered 01/15/15 14:39:59 Page 2 of 4
File No. NM-14-107558 Order, Case No. 7-14-10704-TA RESPECTFULLY SUBMITTED BY: /s/ Andrew Yarrington McCarthy & Holthus, LLP Jeannette M. Whittaker, Esq. Andrew P. Yarrington, Esq. Attorneys for Movant, 6501 Eagle Rock NE, Suite A-3 Albuquerque, NM 87113 (855) 809-3977 /s/ submitted electronically 1/14/2015 ayarrington@mccarthyholthus.com Copies to: DEBTOR Steve Edward Henry P.O. Box 22087 Albuquerque, NM 87154 DEBTOR COUNSEL Christopher M Gatton chris@giddenslaw.com CASE TRUSTEE Edward Alexander Mazel edmazeltrustee@askewmazelfirm.com US TRUSTEE PO Box 608 Albuquerque, NM 87103-608 Case 14-10704-t7 Doc 57 Filed 01/15/15 Entered 01/15/15 14:39:59 Page 3 of 4
File No. NM-14-107558 Order, Case No. 7-14-10704-TA SPECIAL NOTICE(S) Deutsche Bank National Trust Company, as Trustee for the Holders of the Vendee Mortgage Trust, 2008-1 Attn: Karen H. Bradley c/o Little, Bradley & Nesbitt, P.A. P.O. Box 3509 Albuquerque, NM 87190 WELLS FARGO BANK, N.A. WELLS FARGO BANK, N.A. c/o The Castle Law Group, LLC 20 First Plaza NW, Suite 602 Albuquerque, NM 87102 Case 14-10704-t7 Doc 57 Filed 01/15/15 Entered 01/15/15 14:39:59 Page 4 of 4
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.