STATE SAV. AND LOAN ASS'N v. RENDON

No. 15938.

712 P.2d 1360 (1986)

103 N.M. 698

STATE SAVINGS AND LOAN ASSOCIATION, a California corporation, and Capital Mortgage Holding Corporation, a Nevada corporation, Plaintiffs-Appellants, v. James H. RENDON and Margaret Rendon, his wife, Allen Jaramillo, St. Paul Fire & Marine Insurance Company, a Minnesota corporation, and Bankers Life Company, an Iowa corporation, Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied February 5, 1986.


Attorney(s) appearing for the Case

Stephen P. Curtis, Melton & Puccini, P.A., Albuquerque, for plaintiffs-appellants.

Ross B. Perkal, Sarah D. Smith, Walter L. Reardon, Jr., P.A., Albuquerque, for defendants-appellees.


OPINION

WALTERS, Justice.

This case concerns the res judicata effect of a bankruptcy court decision, after a claims objection hearing, in a state district court foreclosure suit. Plaintiff State Savings initiated suit in the district court on June 30, 1983. Defendants Rendons answered the complaint but then filed a Chapter 13 bankruptcy petition, which stayed the foreclosure suit.

In the bankruptcy proceeding, State Savings filed a proof of claim...

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