1:09-bk-14367•Nelson J Wingerd and Janel F Wingerd
Texte intégral
UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF NEW MEXICO IN RE: Nelson J. Wingerd, 6340, and Janel F. Wingerd, 7792, Debtor(s). Case No. 7 09-14367 JA ORDER GRANTING BANK OF AMERICA, NATIONAL ASSOCIATION SUCCESSOR BY MERGER TO LASALLE BANK NA AS TRUSTEE FOR WASHINGTON MUTUAL MORTGAGE PASS-THROUGH CERTIFICATES WMALT SERIES 2006-4 TRUST MOTION TO ABANDON PROPERTY LOCATED AT 633 LOUISIANA BLVD SE, ALBUQUERQUE THIS MATTER having come before the Court on the Motion to Abandon Property located at 633 Louisiana Blvd SE, Albuquerque filed by the Creditor Bank of America, National Association successor by merger to LaSalle Bank NA as trustee for Washington Mutual Mortgage Pass-Through Certificates WMALT Series 2006-4 Trust on August 20, 2010; a Notice of Objection Deadline for Motion to Abandon Property and Motion to Abandon were transmitted to the Debtor(s), attorney for the Debtor(s), and Trustee on August 20, 2010, the objection deadline was September 7, 2010 and the time to file an objection to the Motion has passed, and no objection has been received from the Debtor(s), attorney for the Debtor(s) or Trustee. In compliance with the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, the attorney for the Creditor certifies under penalty of perjury by her signature herein, that she has complied with the Servicemembers Civil Relief Act, through receipt of a response from the Department of Defense Manpower Data Center, which states that Nelson J. Wingerd and Janel F. Wingerd are not members of the military service of the United States nor her allies. The Court having considered the Motion and finding that Creditor is entitled to an Order terminating the automatic stay imposed by the filing of the bankruptcy action, and being otherwise advised in the premise; IT IS, THEREFORE, THE ORDER OF THIS COURT that the automatic stay Case 09-14367-j7 Doc 53 Filed 09/14/10 Entered 09/14/10 15:41:09 Page 1 of 3
imposed by the filing of the above-entitled and numbered cause of action as the same pertains
to the Debtor(s) and to certain property located in the County of Bernalillo, State of New Mexico,
and more particularly described as:
Lot lettered "G" in Block numbered Twenty-four (24) of Mesa Park Addition,
Albuquerque, New Mexico, as the same is shown and designated on the plat
thereof, filed in the Office of the County Clerk of Bernalillo County, New Mexico,
on June 20, 1979, in Volume C15, folio 30 ("Property")
and having an address of 633 Louisiana Blvd SE, Albuquerque, New Mexico, is hereby deemed
abandoned, and the Creditor, its successors, assigns and/or real party in interest, and any and
all junior lienholders are permitted to proceed with foreclosure action in the Judicial District
Courts of the State of New Mexico, including the transmittal of any default letter required by the
loan documents.
IT IS FURTHER THE ORDER OF THIS COURT that this Order shall retain its
effect and validity should this case be converted to another Chapter proceeding, and Creditor
shall be able to foreclose its interests in the appropriate Court.
IT IS FURTHER THE ORDER OF THIS COURT that the fourteen (14) day stay
requirement of F.R.B.P. 4001(a)(3) is waived.
______________________________
Robert H. Jacobvitz
U S BANKRUPTCY COURT JUDGE
Entered on Docket Date: 9/14/10
Case 09-14367-j7 Doc 53 Filed 09/14/10 Entered 09/14/10 15:41:09 Page 2 of 3SUBMITTED BY: SUSAN C. LITTLE & ASSOCIATES, P.A. By: KAREN H. BRADLEY S/Electronically Submitted/ 9.14.10 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 FOR INFORMATION PURPOSES ONLY:\ Philip J. Montoya Trustee PO Box 159 Albuquerque, NM 87103 George D. Giddens, Jr. Attorney for Debtor(s) 10400 Academy Road NE, Suite 350 Albuquerque, NM 87111 Nelson J. Wingerd and Janel F. Wingerd Debtors 7701 Vista Del Arroyo NE Albuquerque, NM 87109 Bankruptcy of Nelson J. Wingerd and Janel F. Wingerd; USBC No. 7 09-14367 JA; P/A: 633 Louisiana Blvd SE, Albuquerque, NM 87108 Case 09-14367-j7 Doc 53 Filed 09/14/10 Entered 09/14/10 15:41:09 Page 3 of 3
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