1:08-bk-12397•Gino Ferri
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UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW MEXICO In re: GINO FERRI, Case No. 7-08-12397-JL Debtor. ORDER ON MOTION TO COMPEL TRUSTEE’S ABANDONMENT OF ASSETS PURSUANT TO 11 U.S.C. §554 This matter came before the court on the Debtor’s Motion to Compel Trustee’s Abandonment of Assets Pursuant to 11 U.S.C. §554, filed on July 3, 2013, as Doc. # 288 (the “Motion”), the Trustee’s Response to the Motion, filed on July 25, 2013 as Doc. # 293, and Creditor, Henry Houde’s (“Houde’s”) Objection to the Motion, filed July 25, 2013 as Doc. # 294. The Court being fully advised in the matter hereby finds: 1. The Motion was filed on July 3, 2013, by which the Debtor sought to compel the Trustee to abandon the remaining property under his control and that all such property be returned to the Debtor. IT IS ORDERED ________________________________ The Honorable Robert H Jacobvitz United States Bankruptcy Judge Date Entered on Docket: March 26, 2014 ______________________________________________________________________ Case 08-12397-j7 Doc 308 Filed 03/26/14 Entered 03/26/14 15:05:19 Page 1 of 5
2. As shown on the notice filed on June 10, 2013 as Doc. No. 289, (the “Notice”) the Motion was served on all persons listed on the mailing matrix kept in this case on June 8, 2013. 3. The Notice provided that any party objecting to the Motion must file an objection within 14 days of service of the Motion. 4. The Notice was pursuant to the rules and appropriate in this circumstance. 5. Prior to the filing of the Motion, Kieran F. Ryan the previous trustee liquidated certain assets of the estate and Philip Montoya, the current Chapter 7 trustee (the “Trustee”), still holds the funds from these sales (the “Funds”). 6. The Trustee has evaluated the status of various companies owned by the Debtor (the “Companies”) and in his business judgment he has determined that the debts and obligations of the Companies far exceed the value of the assets of the Companies, and such assets and the Companies are burdensome and not beneficial to the estate. 7. Based on his business judgment, the Trustee has also determined that the various state court litigation involving the Debtor and his companies (together, the “State Court Litigation”) is of inconsequential value and burdensome to the estate. 8. The Trustee has evaluated the remaining assets of the Debtor and has determined that the only remaining beneficial assets of the estate are certain guns currently in the possession of the auctioneer in this case, and more particularly described in the list attached hereto as Exhibit A (the “Remaining Assets”). 9. The Debtor does not claim an exemption in the Funds or Remaining Assets. 10. The only objections to the Motion were filed by the Trustee and Houde. As shown by their consent below, this order resolves the Trustee’s and Houde’s objections. IT IS ORDERED as follows: Case 08-12397-j7 Doc 308 Filed 03/26/14 Entered 03/26/14 15:05:19 Page 2 of 5
A. The Funds and the Remaining Assets are deemed property of the estate, the Debtor does not claim the Funds or the Remaining Assets as exempt, and such assets are to be administered by the Trustee accordingly. B. The Companies, the State Court Litigation, and any other assets of the Debtor not specifically identified in paragraph A are deemed abandoned by the Estate. C. The Debtor shall not be liable for storage costs incurred for storage on any of the abandoned assets or any other administrative expense, and any abandoned assets held by any third parties on behalf of the trustee shall be immediately released to the Debtor or his authorized representative. D. Upon entry of this Order, the Restraining Order entered in Adversary Proceeding 13-1067-j shall be void and of no further effect and the Trustee shall submit an Order of Dismissal of that proceeding with prejudice. SO ORDERED **END OF ORDER** Submitted by: WALKER & ASSOCIATES, P.C. By: __s/ Samuel I. Roybal_______ Thomas D. Walker Samuel I. Roybal 500 Marquette Ave. NW, Suite 650 Albuquerque, NM 87102 (505) 766-9272 Attorneys for Chapter 7 Trustee Case 08-12397-j7 Doc 308 Filed 03/26/14 Entered 03/26/14 15:05:19 Page 3 of 5
Approved: _Approved by email 3/24/2014_______ R. “Trey” Arvizu Attorney for Debtor P.O. Box 1479 Las Cruces, NM 88005 (575) 527-8600 (575) 527-1199 fax trey@arvizulaw.com Approved as to Form: LAW OFFICE OF KELLY ALBERS, P.C. By:_ approved telephonically 3/26/2014______ Kelly P. Albers 650 Montana, Suite D Las Cruces, NM 88001 (575) 527-9064 Attorney for creditor Henry Houde Case 08-12397-j7 Doc 308 Filed 03/26/14 Entered 03/26/14 15:05:19 Page 4 of 5
Case 08-12397-j7 Doc 308 Filed 03/26/14 Entered 03/26/14 15:05:19 Page 5 of 5
OCR transcription for search; preserved printed pages are authoritative
IT IS ORDERED Date Entered on Docket: March 26, 2014 Rola Be ae The Honorable Robert HJ acobvitz United States Bankruptcy J udge UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW MEXICO Inre: GINO FERRI, Case No. 7-08-12397-JL Debtor. ORDER ON MOTION TO COMPEL TRUSTEE’S ABANDONMENT OF ASSETS PURSUANT TO 11 U.S.C. 8554 This matter came before the court on the Debtor’s Motion to Compel Trustee’s Abandonment of Assets Pursuant to 11 U.S.C. §554, filed on July 3, 2013, as Doc. #288 (the “Motion’’), the Trustee’s Response to the Motion, filed on July 25, 2013 as Doc. # 293, and Creditor, Henry Houde’s (“Houde’s”) Objection to the Motion, filed July 25, 2013 as Doc. # 294. The Court being fully advised in the matter hereby finds: 1. The Motion was filed on July 3, 2013, by which the Debtor sought to compel the Trustee to abandon the remaining property under his control and that all such property be retumed to the Debtor. INFORMATION GPO Sees 08-12397-j7 Doc 308 Filed 03/26/14 Entered 03/26/14 15:05:19 Page 1 of 5 2. As shown on the notice filed on June 10, 2013 as Doc. No. 289, (the “Notice”) the Motion was served on all persons listed on the mailing matrix kept in this case on June 8, 2013. 3. The Notice provided that any party objecting to the Motion must file an objection within 14 days of service of the Motion. 4. The Notice was pursuant to the rules and appropriate in this circumstance. 5. Prior to the filing of the Motion, Kieran F. Ryan the previous trustee liquidated certain assets of the estate and Philip Montoya, the current Chapter 7 trustee (the “Trustee”), still holds the funds from these sales (the “Funds”). 6. The Trustee has evaluated the status of various companies owned by the Debtor (the “Companies”) and in his business judgment he has determined that the debts and obligations of the Companies far exceed the value of the assets of the Companies, and such assets and the Companies are burdensome and not beneficial to the estate. 7. Based on his business judgment, the Trustee has also determined that the various state court litigation involving the Debtor and his companies (together, the “State Court Litigation”) is of inconsequential value and burdensome to the estate. 8. The Trustee has evaluated the remaining assets of the Debtor and has determined that the only remaining beneficial assets of the estate are certain guns currently in the possession of the auctioneer in this case, and more particularly described in the list attached hereto as Exhibit A (the “Remaining Assets”). 9. The Debtor does not claim an exemption in the Funds or Remaining Assets. 10. The only objections to the Motion were filed by the Trustee and Houde. As shown by their consent below, this order resolves the Trustee’s and Houde’s objections. IT IS ORDERED as follows: Case 08-12397-j7 Doc 308 Filed 03/26/14 Entered 03/26/14 15:05:19 Page 2 of 5 A. The Funds and the Remaining Assets are deemed property of the estate, the Debtor does not claim the Funds or the Remaining Assets as exempt, and such assets are to be administered by the Trustee accordingly. B. The Companies, the State Court Litigation, and any other assets of the Debtor not specifically identified in paragraph A are deemed abandoned by the Estate. C. The Debtor shall not be liable for storage costs incurred for storage on any of the abandoned assets or any other administrative expense, and any abandoned assets held by any third parties on behalf of the trustee shall be immediately released to the Debtor or his authorized representative. D. Upon entry of this Order, the Restraining Order entered in Adversary Proceeding 13-1067-j shall be void and of no further effect and the Trustee shall submit an Order of Dismissal of that proceeding with prejudice. SO ORDERED **END OF ORDER** Submitted by: WALKER & ASSOCIATES, P.C. By: __s/ Samuel I. Roybal_______ Thomas D. Walker Samuel I. Roybal 500 Marquette Ave. NW, Suite 650 Albuquerque, NM 87102 (505) 766-9272 Attorneys for Chapter 7 Trustee Case 08-12397-j7 Doc 308 Filed 03/26/14 Entered 03/26/14 15:05:19 Page 3 of 5 Approved: _Approved by email 3/24/2014_______ R. “Trey” Arvizu Attorney for Debtor P.O. Box 1479 Las Cruces, NM 88005 (575) 527-8600 (575) 527-1199 fax trey@arvizulaw.com Approved as to Form: LAW OFFICE OF KELLY ALBERS, P.C. By:_ approved telephonically 3/26/2014______ Kelly P. Albers 650 Montana, Suite D Las Cruces, NM 88001 (575) 527-9064 Attorney for creditor Henry Houde Case 08-12397-j7 Doc 308 Filed 03/26/14 Entered 03/26/14 15:05:19 Page 4 of 5 LOTW Manufacturer Model Type Serial # Cal · 4-19 RUGER BEARCAT Rev. 91-62751 21 . 4-12 H SCHMIDT REV 616158 22 . 4-17 BERRETA 950 BS PISTOL 974287 22 . 4-44 SMITH & WESSONB & W REV 14539 44 . 4-62R WINCHESTER 70 RIFLE 384361 308 4-82R WINCHESTER 84 RIFLE 2NRA631 30-30 · 4-83R WINCHESTER 94 RIFLE 6318608 30-30 . 4-106R REMINGTON 870 SG T319184M 12GA 4-108R REMINGTON 700 RIFLE B6885298 243 · 4-121R BROWNING SG 01362DU099 12GA 4-122R BROWNING SG 736 12GA . 4-13IR REMINGTON 870 SG T319211M 12GA .. 4-135R REMINGTON 1100 SG M438512V 12GA . 4-142R WEATHERBY 300 RIFLE SB051469 300 4-146R WINCHESTER 190 RIFLE B1794525 22 . 4-147R WEATHERBY MARK V RIFLE SB065564 416 .. 4-152R WINCHESTER 6 RIFLE 615082B 22 . 4-153R WINCHESTER 94 RIFLE 41279 32-40 4-154R WINCHESTER 94 RIFLE AG480 30-30 4-158R WINCHESTER 70 RIFLE 266203 270 4-176R WINCHESTER 94 RIFLE 2NRA501 30-30 EXHIBIT A Case 08-12397-j7 Doc 308 Filed 03/26/14 Entered 03/26/14 15:05:19 Page 5 of 5
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