IN RE EASTBURG

BAP No. NM-10-060. Bankruptcy No. 10-10131. Adversary No. 10-01024.

447 B.R. 624 (2011)

In re Randall Scott EASTBURG and Lisa Sue Eastburg, also known as Lisa Bowling Eastburg, formerly known as Lisa Sue Bowling, Debtors. Buke, LLC, Plaintiff-Appellee, v. Randall Scott Eastburg and Lisa Sue Eastburg, Defendants-Appellants.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

April 12, 2011.


Attorney(s) appearing for the Case

Submitted on the briefs:*

Chris W. Pierce of Hunt & Davis, P.C., Albuquerque, NM, for Defendants-Appellants.

William R. Keleher of Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, NM, for Plaintiff-Appellee.

Before MICHAEL, BROWN, and ROMERO, Bankruptcy Judges.


OPINION

MICHAEL, Bankruptcy Judge.

Most of us are familiar with the adage that in real estate, the three most important things are location, location, and location. The same can sometimes be said of litigation. Parties that seek the protection afforded under the United States Bankruptcy Code usually want matters pertaining to them to be tried in the bankruptcy court. Creditors often prefer to litigate in state courts, especially when a lawsuit was ongoing...

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