Dale Ritchie and Linda Sharon Ritchie

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UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEW MEXICO
In re:
DALE RITCHIE and
LINDA SHARON RITCHIE
Debtors. 	No. 14-11863-t7
STIPULATED ORDER GRANTING MOTION TO
COMPEL ABANDONMENT OF PROPERTY
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 January 28, 2016 as docket
entry #32 (the "Motion") and the Objection filed by the Chapter 7 Trustee filed on
February 22, 2016 as docket entry #34. 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 January 28, 2016, Debtor filed the Motion; (b) on
January 28, 2016, notice of the objection period (docket #33) 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 Debtor, specifying that objections were to be filed no later
________________________________
The Honorable David T. Thuma
United States Bankruptcy Judge
Date Entered on Docket: July 7, 2016
IT IS ORDERED
______________________________________________________________________
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than twenty-one days (plus three days mailing) from the date of mailing of the Notice; (c)
the Notice was appropriate in the particular circumstances; (d) the objection deadline of
February 22, 2016 has expired with the only objection filed by the trustee; (e) the Court
having conducted two separate preliminary hearing on the matter; (f) the party referred to
in the trustee’s objection is no longer interested in purchasing assets from the estate; (g)
no other party has come forward with an offer, resulting in the trustee filing a Report of
No Distribution (docket #43) effectively abandoning all assets; (h) the trustee no longer
has grounds to oppose the Motion; and (i) the Motion is well taken and should be
granted.
THE COURT THEREFORE ORDERS, pursuant to 11 U.S.C. §554(b), that the
Motion is granted and all assets listed in the Debtors’ schedules are abandoned.
**END OF ORDER**
Respectfully Submitted,
S/electronically Submitted 6.29.16
R. “Trey” Arvizu, III
Attorney for Debtor
P.O. Box 1479
Las Cruces, NM 88004
(575)527-8600
(575)527-1199 (fax)
trey@arvizulaw.com
Approved:
WALKER & ASSOCIATES,
a Professional Corporation
Approved via email 6.29.16
Thomas D. Walker
Samuel I. Roybal
500 Marquette N.W., Suite 650
Albuquerque, N.M. 87102
(505) 766-9272
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(505) 722-9287 (fax)
Attorneys for the Trustee
Approved as to Form Only via email 6.29.16.
MICHAEL T. MILLIGAN
N.M. Bar No. 14998
4171 N Mesa St., Suite B-201
El Paso, Texas 79902
ElPasoMike13@aol.com
Phone: (915) 544-5587
Facsimile: (915) 544-2773
Darin L. Brooks, pro hac vice
Texas Bar No. 00796252
Federal I.D. No. 22788
dbrooks@grayreed.com
John G. George, Jr., pro hac vice
Texas Bar No. 24051944
Federal I.D. No. 107192
jgeorge@grayreed.com
Gray Reed & McGraw, P.C.
1300 Post Oak Blvd., Suite 2000
Houston, Texas 77056-3000
Phone: (713) 623-0887
Facsimile: (713) 960-1527
ATTORNEYS FOR PLAINTIFF
PHILLIPS 66 COMPANY
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