Month: November 2014

The Supreme Court plans to hear two cases brought by Bank of America concerning liens created by second mortgages where the value of the home is less than the amount of the lien from the first mortgage. In one federal appellate circuit, the Eleventh which takes...

It has just been announced that the company, Digital Domain Media Group (“Digital Domain”), won approval as a bankruptcy debtor for post-petition financing in its Chapter 11 corporate reorganization. As is the case for many companies undergoing...

The great Southern novelist, William Faulkner famously said,”The past is never dead. It's not even past.” It is pretty clear Faulkner intended this as some statement of transcendent truth and its impact on one’s personal life. But one could apply it...

Most individuals who file for bankruptcy, particularly a Chapter 7 or Chapter 13 action, do so to get a fresh start. When debts are discharged via the bankruptcy, creditors’ rights to collect those debts are severely limited, if not rendered void. However,...

The overwhelming number of personal injury cases stemming from automobile accidents may consist of a series of witnesses explaining what they believe they saw when they observed the incident or its immediate aftermath. Such a trial may include a litany of doctors...

One of the most important features of the bankruptcy process is the automatic stay, which stops those from collecting debts from the party filing for bankruptcy protection. Specifically, under 11 U.S. Code § 362, the filing of a bankruptcy petition operates as a...

Previously we discussed in a recent blog post the use of the homestead exemption by Debtors in Chapter 7 bankruptcy cases to protect the equity they have in their home. This particular exemption is but one of several which the State of New Mexico allows Debtors in...

A very large portion of the people injured in automobile accidents which occur in New Mexico settle their claims with the insurance companies covering drivers who caused such accidents. For those who do not so resolve their claims either because the insurance company...

In bankruptcy cases filed in the District of New Mexico, individual debtors filing for bankruptcy protection have the right to claim certain exemptions pursuant to either state or federal law, and can elect to use whichever is more favorable to them. Certain types of...

When a person gets involved in an automobile accident with someone who does not have liability automobile insurance, the injured party often must look to other available coverage frequently from their own insurance policy. Many such motorists may carry policies which...