US Bankruptcy Court DNM Docket Feed

In re Eric S. Golden - Relief from Stay Denied, Bad Faith Not Found

The United States Bankruptcy Court for the District of New Mexico denied a Motion for Relief from Stay filed by creditors Kent Thomas, Dolores Quijano Thomas, and Rachel M. Golden, who sought to proceed with a foreclosure on debtor Eric S. Golden's residence. The court found that the debtor's Chapter 13 bankruptcy petition, filed May 27, 2025, was not filed in bad faith and was not part of a scheme to delay, hinder, or defraud creditors. This is the debtor's fourth bankruptcy case, with prior filings in 2001 (Chapter 7) and 2012 (Chapter 13) in New Jersey and New Mexico respectively.

Amber Saenz Chapter 13 Plan Confirmation Motion Denied

The United States Bankruptcy Court for the District of New Mexico denied Amber Saenz's Motion to Reconsider (Doc. 45) the Court's prior denial of Chapter 13 plan confirmation. The Court withdrew its prior ruling regarding reinstatement of the loan under the New Mexico Home Loan Protection Act as it constituted dicta. The Court affirmed that regardless of NMHLPA reinstatement, the Debtor's proposed plan failed to satisfy 11 U.S.C. § 1325(a)(5)(B)(ii) because it did not provide for payment of the full value of First National Bank's secured claim over the Plan term. Oral argument was held April 14, 2026.

Century Bank Motion to Appoint Chapter 11 Trustee for New Mexico Terminal Services

The United States Bankruptcy Court for the District of New Mexico issued a Memorandum Opinion on Century Bank's Emergency Motion to Appoint a Chapter 11 Trustee under 11 U.S.C. § 1104 for New Mexico Terminal Services, LLC. The court found this single asset real estate case involved significant environmental contamination from prior Cal-Maine Foods egg production operations, unresolved remediation obligations under a settlement agreement with the New Mexico Environment Department, and a documented loss of confidence by the primary creditor and a responsible party in the debtor's principal Karl Pergola. The debtor's schedules were initially deficient due to inexperienced counsel, and post-petition loans totaling $71,721.45 were made by the principal to cover operating expenses.