Daniel R. Marlowe

OCR transcription for search; preserved printed pages are authoritative

IT IS ORDERED
Date Entered on Docket: April 20, 2015

Colt by de

The Honorable Robert HJ acobvitz
United States Bankruptcy J udge

UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEW MEXICO
In re:
Daniel R. Marlowe, 7923 Case No. 14-12624-j7
Debtor.

DEFAULT ORDER GRANTING U.S. BANK NATIONAL ASSOCIATION ABANDONMENT OF
PROPERTY LOCATED AT 34 SIERRA ROSA, SANTA FE, NM 87507

This matter came before the Court on the Motion to Compel Abandonment of Property
located at 34 Sierra Rosa, Santa Fe, NM 87507, filed on March 23, 2015, Docket No. 17 (the
“Motion”) by U.S. Bank National Association (“Movant”). The Court, having reviewed the record
and the Motion, and being otherwise sufficiently informed, FINDS:

(a) On March 23, 2015, 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.

(b) The Motion relates to the following property:

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF
SANTA FE, STATE OF NEW MEXICO AND IS DESCRIBED AS FOLLOWS:

AUTHENTICATE

ge 14-12624-j7 Doc19 Filed 04/20/15 Entered 04/20/15 13:57:56 Page 1 of 4

GPO

Lot Three-D (3-D) as shown on Plat of Survey entitled "Lot Split of Lot 3 for Monika

Steinhoff located within the SE 1/4 of Section 19, T17N, R9E, N.M.P.M.," filed in the

office of the County Clerk, Santa Fe County, New Mexico on March 31, 1994 in Plat

Book 270, page 039 as Document No. 856,518.

(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 April 9, 2015;

(f) As of April 10, 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; and

(h) By submitting this Order to the Court for entry, the undersigned counsel for Movant
certifies, under penalty of perjury that, on April 10, 2015 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, Pursuant to 11 U.S.C. §554(b), Movant and any and all holders of liens against the
Property, of any lien priority, are hereby are granted relief from the automatic stay:

(a) To enforce their rights in the Property, including foreclosure of liens anda
foreclosure sale, under the terms of any prepetition notes, mortgages, security agreements, and/or
other agreements to which Debtor is a party, to the extent permitted by applicable non-bankruptcy
law, such as by commencing or proceeding with appropriate action against the Debtor or the
Property, or both, in any court of competent jurisdiction; and

(b) To exercise any other right or remedy available to them under law or equity

with respect to the Property.

Case 14-12624-j7 Doc19 Filed 04/20/15 Entered 04/20/15 13:57:56 Page 2 of 4

2 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.

3. This Order does not waive Movant's claim against the estate for any deficiency owed
by the Debtor after any foreclosure sale or other disposition of the Property. Movant may file an
amended proof of claim this bankruptcy case within 30 days after a foreclosure sale of the
Property, should it claim that Debtors owe any amount after the sale of the Property.

4. 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/ 4-10-15
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 H. lvry

Attorney for Debtor(s)
P.O. Box 263

Santa Fe, NM 87504-0263

Yvette J. Gonzales
Trustee

P.O. Box 1037

Placitas, NM 87043-1037

Case 14-12624-j7 Doc19 Filed 04/20/15 Entered 04/20/15 13:57:56 Page 3 of 4

Daniel R. Marlowe
Debtor

P.O. Box 8207
Santa Fe, NM 87504

Case 14-12624-j7 Doc19 Filed 04/20/15 Entered 04/20/15 13:57:56 Page 4 of 4