Posts by On Behalf of Giddens & Gatton Law, P.C.
Horse Trading That May be Non-Dischargeable under Chapter 7
For a Chapter 7 bankruptcy debtor, multiple horse trades and a subsequent filing of a bankruptcy petition may not be enough to avoid having to reimburse a dissatisfied rodeo roper. Mr. Raymond Siggins sold a horse named “IV” to Benjamin Bates who intended to ride IV in roping competitions. When the horse was found by…
Read MoreObjections to New Water Agreement May Block State’s Deal with Pueblos
Recently a lawsuit was filed by three state legislators attempting to stop the implementation of a water settlement with members of the Navajo Indian nation unless and until it received approval of the deal from the New Mexico Legislature. Now a similar issue arises – with one twist – concerning a water-rights settlement between the…
Read MoreExtinguishing an Easement by Correcting the Record
The Amethyst Land Company, Inc. (“Amethyst”) purchased a 22-acre parcel of land in the Santa Fe foothills via quitclaim deed from a development corporation, Desert Sunrise, which had itself two years earlier bought the parcel from Keith McDuffee. McDuffee was selling parcels of land in the area before he filed bankruptcy. About 2 years earlier…
Read MorePlan of Adjustment in Detroit Bankruptcy facing difficult hurdles
When the City of Detroit proposed a plan of adjustment in its Chapter 9 bankruptcy action, there appeared to be some hope that the case could be wrapped up before the end of September. Currently, the City’s interests in the bankruptcy case have been handled by its emergency manager, Kevyn Orr, who was appointed months…
Read MorePowers of all Three Branches at Issue in Navajo Water Settlement
Three members of the New Mexico Legislature filed a lawsuit challenging the validity of a settlement allocating a discrete amount of water from the San Juan River to the Navajo Indian nation. Back in 1948 a compact between the states of New Mexico, Colorado, Utah and Wyoming apportioned a large volume of water to New…
Read MoreNew England Compounding Pharmacy in Bankruptcy Offers Fund to Compensate Claimants
In September 2012, the Centers for Disease Control and Prevention (CDC), in collaboration with state and local health departments and the Food and Drug Administration (FDA) , began investigating a multistate outbreak of fungal meningitis and other infections among patients who received contaminated preservative-free MPA steroid injections from the New England Compounding Center in Framingham,…
Read MoreNew Mexico Unfair Practices Act Utilized by Victim of Improperly-Conducted Repossession
A particular repossession of an automobile belonging to a Rio Rancho resident who, in fact, had defaulted on his car loan, fell afoul of New Mexico’s Unfair Practices Act (“UPA”), according to a recent United States District Court ruling. The court’s opinion in Duke v. Garcia, No. 11-CV-784-BRB/RHS (U.S. Dist. Ct. D. N.M. 2014) shows…
Read MoreOtero County Ranchers Challenge Forest Service over Fence in Lincoln National Forest
As drought conditions erode the water supply throughout New Mexico, ranchers have become concerned over whether they can utilize sufficient water to profitably maintain their operations. The recent placement by the United States Forest Service of a fence preventing some property owners from receiving water from a particular creek, known as Agua Chiquita, in Otero…
Read MoreTrustee of Alleged “Sham Trust” Slated to Defend Its Operation At Trial
Frequently people facing particular legal problems will establish trusts for the benefit of their children or grandchildren when they fear that, if assets are not set aside for their beneficiaries, there will not be sufficient funds to maintain support of their children throughout the balance of their kids’ or grandkids’ childhoods. A notorious example many…
Read MoreReceiver’s Authority to Pursue Claims Tested in Stanford Ponzi Scheme Case
While the arrest of Bernie Madoff over 5 years ago for running a multibillion dollar Ponzi scheme which financially destroyed many of the people and institutions for which he promised to invest garnered the largest headlines, in fact, a much bigger swindle was perpetrated by Allen Stanford and his company, Stanford Financial Group (the “Group”)…
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