Kathy Hughes

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IT S ORDERED
Date Entered on Docket: November 28, 2012

The Honorable David T. Thuma
United States Bankruptcy J udge

UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEW MEXICO
In re:
Kathy Hughes, 6002
aka Kathy Crisp,
aka Kathy Atwell Case No. 7 11-11238 TR
Debtor.

DEFAULT ORDER GRANTING NATIONWIDE ADVANTAGE MORTGAGE’S MOTION FOR
ABANDONMENT OF PROPERTY LOCATED AT 7317 OLD CAVERN HWY, CARLSBAD

This matter came before the Court on the Motion for Abandonment of Property located at
7317 Old Cavern Hwy, Carlsbad, filed on October 12, 2012 , Docket No. 26 (the “Motion”) by
Nationwide Advantage Mortgage (“Movant”). The Court, having reviewed the record and the
Motion, and being otherwise sufficiently informed, FINDS:

(a) On October 12, 2012, 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.

INFORMATION
GPO

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(b) The Motion relates to the following property:

Lot 4, WAGONWHEEL ACRES SUBDIVISION NO. 1, to the City of Carlsbad, Eddy
County, New Mexico, as shown on the official plat thereof on file in the office of the County Clerk
of Eddy County, New Mexico

(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 October 29, 2012;

(f) As of November 13, 2012, 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 Athena Martinez, 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
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 XXxX|

Case 11-11238-t7 Doc29 Filed 11/28/12 Entered 11/28/12 13:32:35 Page 2 of 3

Submitted by:
SUSAN C. LITTLE & ASSOCIATES, LTD.

By: /S/Electronically filed/ 11.26.12
Karen H. Bradley /~

Attorney for Creditor

4501 Indian School Road NE, Ste. 101
Albuquerque, New Mexico 87110

Post Office Box 3509

Albuquerque, New Mexico 87190-3509
(505) 254-7767 Fax: (505) 254-4706

Copies to:

R. Maithew Bristo!
Attorney for Debtor(s)
P.O. Box 2929

Roswell, NM 88202-2929

Clarke Coll
Trustee

PO Box 550
Roswell, NM 88202

Kathy Hughes
Debtor

1508 W. Riverside
Carlsbad, NM 88220

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