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IT IS ORDERED
`Date Entered on Docket: November 9, 2017
`
`________________________________
`The Honorable Robert H Jacobvitz
`United States Bankruptcy Judge
`
`______________________________________________________________________
`
`Case 17-11450-j7 Doc 20 Filed 11/09/17 Entered 11/09/17 15:12:10 Page 1 of 4
`
`UNITED STATES BANKRUPCTY COURT
`DISTRICT OF NEW MEXICO
`
`Christopher A Lopez aka Christopher Lopez aka Chris Lopez,
`
`
`IN RE:
`
`
`
`
`
`
`
`Debtor
`
`
`
`
`
`
`
`
`Case No. 17-11450-JL7
`
`
`
`DEFAULT ORDER GRANTING RELIEF FROM STAY AND
`ABANDONMENT OF PROPERTY LOCATED AT
`4160 Windridge Cir, Las Cruces, NM 88012
`
`This matter came before the Court on the Motion for Relief from Stay and
`
`Abandonment of Property filed on October 11, 2017, Docket No. 18 (the “Motion”), by
`
`Freedom Mortgage Corporation (“Movant”). The Court, having reviewed the record and
`
`the Motion, and being otherwise sufficiently informed, FINDS:
`
`(a)
`
`On October 11, 2017, Movant served the Motion and notice of the Motion
`
`(the “Notice”) on the case trustee, Clarke C. Coll, (the “Trustee”) by use of the Court’s
`
`case management and electronic 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 and US
`
`File No. NM-17-138532
`Order, Case No. 17-11450-JL7
`
`

`

`Case 17-11450-j7 Doc 20 Filed 11/09/17 Entered 11/09/17 15:12:10 Page 2 of 4
`
`Trustee by United States first class mail, in accordance with Bankruptcy Rules 7004 and
`
`9014;
`
`(b)
`
`The Motion relates to the following property legally described as:
`
`and commonly known as: 4160 Windridge Cir, Las Cruces, NM 88012;
`
`The Notice specified an objection deadline of 21 days from the date of
`
`(c)
`
`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 November 4, 2017;
`
`(f)
`
`As of November 6, 2017, no objections to the Motion have been filed;
`
`(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 November 6, 2017, 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.
`
`Pursuant to 11 U.S.C. §362(d), Movant and any and all holders of liens
`
`against the Property, of any lien priority, are hereby granted relief from the automatic
`
`stay:
`
`(a)
`
`To enforce their rights in the Property, including foreclosure of liens and a
`
`foreclosure sale, under the terms of any prepetition notes, mortgages, security
`
`File No. NM-17-138532
`Order, Case No. 17-11450-JL7
`
`

`

`Case 17-11450-j7 Doc 20 Filed 11/09/17 Entered 11/09/17 15:12:10 Page 3 of 4
`
`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
`
`(b)
`
`To exercise any other right or remedy available to them under law or
`
`equity with respect to the Property.
`
`2.
`
`The Property is hereby abandoned pursuant to 11 U.S.C. §554 and is no
`
`longer property of the estate. Creditor shall not be required to name the Trustee as a
`
`defendant in any action involving the Property or otherwise give the Trustee further
`
`notice.
`
`3.
`
`The automatic stay is not modified to permit any act to collect any
`
`deficiency or other obligation as a personal liability of the Debtor, although the Debtor
`
`can be named as a defendant in litigation to obtain an in rem judgment if Debtor is
`
`granted a discharge, or to foreclose the Property in accordance with applicable non-
`
`bankruptcy law. Nothing contained herein shall preclude Creditor or and any and all
`
`holders of liens against the Property, from proceeding against the Debtor personally, to
`
`collect amounts due, if Debtor's discharge is denied or if Debtor's bankruptcy is
`
`dismissed.
`
`4.
`
`This Order shall continue in full force and effect if this case converted to a
`
`case under another chapter of the Bankruptcy Code.
`
`5.
`
`This Order is effective and enforceable upon entry. The 14-day stay
`
`requirement of Fed.R.Bankr.P. 4001(a)(3) is waived.
`
`File No. NM-17-138532
`Order, Case No. 17-11450-JL7
`
`

`

`Case 17-11450-j7 Doc 20 Filed 11/09/17 Entered 11/09/17 15:12:10 Page 4 of 4
`
`6.
`
`Movant is further granted relief from the stay to engage in loan
`
`modification discussions or negotiations or other settlement discussions with the Debtor
`
`and to enter into a loan modification with the Debtor.
`
`###END OF ORDER###
`
`
`RESPECTFULLY SUBMITTED BY:
`
`
`/s/ Elaine Abeyta-Montoya
`McCarthy & Holthus, LLP
`Elaine Abeyta-Montoya, Esq.
`Attorneys for Movant,
`6501 Eagle Rock NE, Suite A-3
`Albuquerque, NM 87113
`(505) 219-4900
`/s/ submitted electronically 11/8/2017
`emontoya@mccarthyholthus.com
`
`
`COPIES TO:
`
`DEBTOR
`Christopher A Lopez
`4160 Windridge Cir
`Las Cruces, NM 88012
`
`CASE TRUSTEE
`Clarke C. Coll
`clarkecoll@gmail.com
`
`US TRUSTEE
`PO Box 608
`Albuquerque, NM 87103-0608
`
`SPECIAL NOTICE
`Synchrony Bank c/o PRA Receivables Management, LLC
`PO Box 41021
`Norfolk, VA 23541
`
`
`File No. NM-17-138532
`Order, Case No. 17-11450-JL7
`
`

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