Gary Lee Kummell and Nona Pearl Kummell

1:09-bk-11145Nmb13 nov. 2009

Texte intégral

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UNITED STATES BANKRUPTCY
DISTRICT OF NEW MEXICO
In Re:
GARY LEE KUMMELL and 	Case No. 09-11145-J
NONA PEARL KUMMELL,
Debtors.
ORDER GRANTING MOTION TO COMPEL TRUSTEE’S ABANDONMENT OF
PROPERTY PURSUANT TO 11 U.S.C. §554
This matter came before the Court on the Debtors’ Motion to Compel Trustee’s
Abandonment of Property Pursuant to 11 U.S.C. §554 filed October 28, 2009 (the
"Motion") in which Debtors, Gary Lee Kummell and Nona Pearl Kummell ("Debtors")
sought to compel the abandonment of their personal residence listed in their Schedule A
and located at 8343 Arco Place, Mesilla Park, New Mexico. Having considered the
Motion and the record, and the requirements set forth in the Bankruptcy Code and
Bankruptcy Rules, and being sufficiently advised;
The Court FINDS: (a) that on October 28, 2009, Debtors filed the Motion; (b) on
October 29, 2009, an Order was entered by the Court which required objections to the
Motion to be filed no later than 12:00 noon on November 12, 2009; (c) on October 28,
2009, Notice of the objection period along with the Motion was served (“Notice”) on all
creditors and other parties in interest as shown on the mailing list provided to the Court
by the Debtors, specifying that objections were to be filed no later than 12:00 noon on
November 12, 2009; (d) the Notice was appropriate in the particular circumstances; (e)
the objection deadline has expired and no objections to the Motion were filed; (f) the
Motion is well taken and will be granted.
Case 09-11145-j7 Doc 63 Filed 11/13/09 Entered 11/13/09 15:07:55 Page 1 of 2
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THE COURT THEREFORE ORDERS, pursuant to 11 U.S.C. §554(b), that the
trustee shall forthwith enter an Order Abandoning the Debtors’ primary residence
described in Schedule A of their Bankruptcy schedules and statements filed in this case
on April 17, 2009 and located at 8343 Arco Place, Mesilla Park NM.
________________________________
Robert H. Jacobvitz
U. S. Bankruptcy Judge
Entered on Docket: November 13, 2009
Respectfully Submitted,
S/electronically Filed 11.13.09
R. “Trey” Arvizu, III
Attorney for Debtors
P.O. Box 1479
Las Cruces, NM 88004
(575)527-8600
(575)527-1199 (fax)
trey@arvizulaw.com
Copy to:
Kieran F. Ryan
Chapter 7 Trustee
P.O. Box 26
Las Cruces, NM 88004-0026
Case 09-11145-j7 Doc 63 Filed 11/13/09 Entered 11/13/09 15:07:55 Page 2 of 2

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