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IN RE JTS/SIMMS, LLC

Bankruptcy No. 7-07-12153 SA. Adversary No. 07-1132 S.

416 B.R. 772 (2009)

In re JTS/SIMMS, LLC a New Mexico Limited Liability Company, Debtor. JTS/Simms, LLC, Plaintiff, v. Simms Building, Inc., a New Mexico Corporation, Defendant.

United States Bankruptcy Court, D. New Mexico.

October 14, 2009.

Attorney(s) appearing for the Case

David T. Thuma, Robert H. Jacobvitz, Albuquerque, NM, for Plaintiff.

Jennie D. Behles, Albuquerque, NM, for Defendant.

MEMORANDUM OPINION AFTER TRIAL

JAMES S. STARZYNSKI, Bankruptcy Judge.

This matter came before the Court for trial on the merits of Plaintiff's complaint for damages and injunctive relief. After trial Plaintiff's secured creditor obtained relief from the automatic stay and substantially all of Debtor's assets were abandoned. The case then converted to Chapter 7 and a Chapter 7 Trustee is now completing administration of what remains. For the reasons...

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