Kaye Elizabeth Sandford

File No. NM-15-113477
Order, Case No. 7-10-14424-t7
UNITED STATES BANKRUPCTY COURT
DISTRICT OF NEW MEXICO
IN RE:
Kaye Elizabeth Sandford
Debtor Case No. 10-14424-t7
DEFAULT ORDER GRANTING ABANDONMENT OF PROPERTY LOCATED
AT 20 Camino De Los Cabreros, Galisteo, NM 87540
This matter came before the Court on the Motion to Compel Abandonment filed
on 5/18/2015, Docket No. 424, (the “Motion”) by LEHMAN XS TRUST MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES 2006-2N, U.S. Bank National
Association, as Trustee (“Movant”). The Court, having reviewed the record and the
Motion, and being otherwise sufficiently informed, FINDS:
(a) On 5/18/2015, Movant served the Motion and notice of the Motion (the
“Notice”) on counsel of record for Debtor, Kaye Elizabeth Sandford, and the case trustee,
Yvette J. Gonzales, (the “Trustee”) by use of the Court’s case management and electronic
________________________________
The Honorable David T. Thuma
United States Bankruptcy Judge
Date Entered on Docket: June 16, 2015
IT IS ORDERED
______________________________________________________________________
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File No. NM-15-113477
Order, Case No. 7-10-14424-t7
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) and US Trustee by United States first class mail,
in accordance with Bankruptcy Rules 7004 and 9014.
(b) The Motion relates to the following property:
20 Camino De Los Cabreros
Galisteo, NM 87540
(c) The Notice specified an objection deadline of 21 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 6/12/2015.
(f) As of 6/15/2015, 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 6/12/2015 McCarthy & Holthus,
LLP 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 Property is abandoned and is no longer property of the estate in
accordance with 11 U.S.C. §554.
2. The Movant is rewarded its attorneys' fees, costs and interest herein
incurred and expended.
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File No. NM-15-113477
Order, Case No. 7-10-14424-t7
3. Movant may enforce rights in the Property, including foreclosure of liens
and a 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 to exercise any other right or remedy available to them under law or
equity with respect to the Property.
###END OF ORDER###
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File No. NM-15-113477
Order, Case No. 7-10-14424-t7
RESPECTFULLY SUBMITTED BY:
/s/ Umair Malik
McCarthy & Holthus, LLP
Jeannette M. Whittaker, Esq.
Umair Malik, Esq.
Attorneys for Movant,
6501 Eagle Rock NE, Suite A-3
Albuquerque, NM 87113
(855) 809-3977
/s/ submitted electronically 6/16/2015
umalik@mccarthyholthus.com
Copies to:
DEBTOR
Kaye Elizabeth Sandford
40 Camino Vista Clara
Galisteo, NM 87540
DEBTOR COUNSEL
William J Arland, III
PO Box 1089
Santa Fe, CA 87504
CASE TRUSTEE
Yvette J. Gonzales
yjgllc@yahoo.com
US TRUSTEE
PO Box 608
Albuquerque, NM 87103-608
SPECIAL NOTICES
JPMorgan Chase Bank, National Association
Little, Bradley & Nesbitt, P.A.
P.O. Box 3509
Albuquerque, NM 87190
Los Alamos National Bank
c/o Atty R. Daniel Castille
1200 Trinity Dr.
Los Alamos, NM 87544
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File No. NM-15-113477
Order, Case No. 7-10-14424-t7
Sterling Bank
5120 San Francisco Rd NE
Albuquerque, NM 87109
US Bank National Association as holder of First Mortgage on Vista Clara Ranch
4811-A Hardware Drive NE
Suite 4
Albuquerque, NM 87109
SPECIAL NOTICE
GE Money Bank
claims@recoverycorp.com
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