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IN RE WILEY

Bankruptcy No. 7-07-13053 SL. Adversary No. 08-1120 S.

438 B.R. 331 (2010)

In re Harry Carlton WILEY and Virginia Ruth Wiley, Debtors. Philips J. Montoya, Plaintiff, v. HRW of Las Cruces, Inc., Virginia Oxford, Oxford Investments, LLC., First State Bank, Robert Wiley, HRW Family, LLC., Harry Carlton Wiley, Virginia Ruth Wiley, Harry Carlton Wiley, as Trustee of the Wiley Family Trust, First New Mexico Bank, Las Cruces, and Harry Carlton Wiley, as Trustee of the Charles Hayden Wiley and Elnora Williams Wiley Revocable Trust, Defendants.

United States Bankruptcy Court, D. New Mexico.

October 15, 2010.

Attorney(s) appearing for the Case

Bonnie Bassan Gandarilla , George M. Moore , Moore, Berkson & Gandarilla, P.C., Albuquerque, NM, for Plaintiff.

Michael K. Daniels , David T. Thuma , Albuquerque, NM, for Defendants.

MEMORANDUM OPINION ON DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT ON COUNTS FOUR AND FIVE OF 1ST AMENDED COMPLAINT

JAMES S. STARZYNSKI, Bankruptcy Judge.

This matter is before the Court on Defendants' Virginia Wiley and Robert Wiley ("Movants") Motion for Partial Summary Judgment on Counts Four and Five of Plaintiff's First Amended Complaint (Doc. 20) and supporting affidavit of Harry C. Wiley ("Wiley") (Doc. 21). Plaintiff did not file a response...

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