`Date Entered on Docket: November 9, 2017
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`________________________________
`The Honorable Robert H Jacobvitz
`United States Bankruptcy Judge
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`______________________________________________________________________
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`Case 17-11450-j7 Doc 20 Filed 11/09/17 Entered 11/09/17 15:12:10 Page 1 of 4
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`UNITED STATES BANKRUPCTY COURT
`DISTRICT OF NEW MEXICO
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`Christopher A Lopez aka Christopher Lopez aka Chris Lopez,
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`IN RE:
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`Debtor
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`Case No. 17-11450-JL7
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`DEFAULT ORDER GRANTING RELIEF FROM STAY AND
`ABANDONMENT OF PROPERTY LOCATED AT
`4160 Windridge Cir, Las Cruces, NM 88012
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`This matter came before the Court on the Motion for Relief from Stay and
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`Abandonment of Property filed on October 11, 2017, Docket No. 18 (the “Motion”), by
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`Freedom Mortgage Corporation (“Movant”). The Court, having reviewed the record and
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`the Motion, and being otherwise sufficiently informed, FINDS:
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`(a)
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`On October 11, 2017, Movant served the Motion and notice of the Motion
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`(the “Notice”) on the case trustee, Clarke C. Coll, (the “Trustee”) by use of the Court’s
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`case management and electronic filing system for the transmission of notices, as
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`authorized by Fed.R.Civ.P. 5(b)(3) and NM LBR 9036-1, and on the Debtor and US
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`File No. NM-17-138532
`Order, Case No. 17-11450-JL7
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`Case 17-11450-j7 Doc 20 Filed 11/09/17 Entered 11/09/17 15:12:10 Page 2 of 4
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`Trustee by United States first class mail, in accordance with Bankruptcy Rules 7004 and
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`9014;
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`(b)
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`The Motion relates to the following property legally described as:
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`and commonly known as: 4160 Windridge Cir, Las Cruces, NM 88012;
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`The Notice specified an objection deadline of 21 days from the date of
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`(c)
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`service of the Notice, to which three days was added under Bankruptcy Rule 9006(f);
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`(d)
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`The Notice was sufficient in form and content;
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`(e)
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`The objection deadline expired on November 4, 2017;
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`(f)
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`As of November 6, 2017, no objections to the Motion have been filed;
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`(g)
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`The Motion is well taken and should be granted as provided herein; and
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`(h)
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`By submitting this Order to the Court for entry, the undersigned counsel
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`for Movant certifies under penalty of perjury that on November 6, 2017, McCarthy &
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`Holthus, LLP searched the data banks of the Department of Defense Manpower Data
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`Center (“DMDC”) and found that the DMDC does not possess any information indicating
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`that the Debtor is currently on active military duty of the United States.
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`IT IS THEREFORE ORDERED:
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`1.
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`Pursuant to 11 U.S.C. §362(d), Movant and any and all holders of liens
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`against the Property, of any lien priority, are hereby granted relief from the automatic
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`stay:
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`(a)
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`To enforce their rights in the Property, including foreclosure of liens and a
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`foreclosure sale, under the terms of any prepetition notes, mortgages, security
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`File No. NM-17-138532
`Order, Case No. 17-11450-JL7
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`Case 17-11450-j7 Doc 20 Filed 11/09/17 Entered 11/09/17 15:12:10 Page 3 of 4
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`agreements, and/or other agreements to which Debtor is a party, to the extent permitted
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`by applicable non-bankruptcy law, such as by commencing or proceeding with
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`appropriate action against the Debtor or the Property, or both, in any court of competent
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`jurisdiction; and
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`(b)
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`To exercise any other right or remedy available to them under law or
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`equity with respect to the Property.
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`2.
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`The Property is hereby abandoned pursuant to 11 U.S.C. §554 and is no
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`longer property of the estate. Creditor shall not be required to name the Trustee as a
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`defendant in any action involving the Property or otherwise give the Trustee further
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`notice.
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`3.
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`The automatic stay is not modified to permit any act to collect any
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`deficiency or other obligation as a personal liability of the Debtor, although the Debtor
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`can be named as a defendant in litigation to obtain an in rem judgment if Debtor is
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`granted a discharge, or to foreclose the Property in accordance with applicable non-
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`bankruptcy law. Nothing contained herein shall preclude Creditor or and any and all
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`holders of liens against the Property, from proceeding against the Debtor personally, to
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`collect amounts due, if Debtor's discharge is denied or if Debtor's bankruptcy is
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`dismissed.
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`4.
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`This Order shall continue in full force and effect if this case converted to a
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`case under another chapter of the Bankruptcy Code.
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`5.
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`This Order is effective and enforceable upon entry. The 14-day stay
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`requirement of Fed.R.Bankr.P. 4001(a)(3) is waived.
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`File No. NM-17-138532
`Order, Case No. 17-11450-JL7
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`Case 17-11450-j7 Doc 20 Filed 11/09/17 Entered 11/09/17 15:12:10 Page 4 of 4
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`6.
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`Movant is further granted relief from the stay to engage in loan
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`modification discussions or negotiations or other settlement discussions with the Debtor
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`and to enter into a loan modification with the Debtor.
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`###END OF ORDER###
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`RESPECTFULLY SUBMITTED BY:
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`/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
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`COPIES TO:
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`DEBTOR
`Christopher A Lopez
`4160 Windridge Cir
`Las Cruces, NM 88012
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`CASE TRUSTEE
`Clarke C. Coll
`clarkecoll@gmail.com
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`US TRUSTEE
`PO Box 608
`Albuquerque, NM 87103-0608
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`SPECIAL NOTICE
`Synchrony Bank c/o PRA Receivables Management, LLC
`PO Box 41021
`Norfolk, VA 23541
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`File No. NM-17-138532
`Order, Case No. 17-11450-JL7
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