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New Mexico

Courts Are Split on Breach of Contract Resulting in Nondischargeability

In some circuits, never intending to repay a loan can result in nondischargeability under Section 523(a)(6).

Challenging Student Loans Permissible Six Years after Discharge

Destitute debtor allowed to challenge student loans six years after a chapter 7 discharge.

Retention Agreements Allowing Defense Fees Ok in New Mexico, but Not in Delaware

Baker Botts v. ASARCO doesn’t prohibit retention agreements allowing fees for defense of fees, judge holds.

Courts Divided over Jury Trials for Breach of Post-Petition Contracts

Barton, Granfinancier, and Langenkamp should be harmonized with Section 959.

New Mexico Judge Avoids the Jevic Controversy by Requiring Payment on Priority Claims

‘General unsecured creditor’ is an ambiguous term not defined in the Bankruptcy Code or Rules.

Courts Trending Toward Motion Date to Begin Adequate Protection Payments

Courts employ three dates for commencement of adequate protection payments.

Plan in Suspended Animation when Chapter 13 Case Converted to Chapter 7

Judge ducks ability to reconvert previously converted case to chapter 13.