IN RE BORGES

BAP Nos. NM-13-005, NM-13-011, NM-13-006, NM-13-012, NM-13-007, NM-13-013. Bankruptcy No. 10-12800. Adversary Nos. 10-01170, 11-01012, 11-01105.

510 B.R. 306 (2014)

In re Joe Bettencourt BORGES, also known as Joe B. Borges, doing business as J & M Dairy, and Maria Rocha Borges, also known as Maria R. Borges, doing business as J & M Dairy, Debtors. AG New Mexico, FCS, ACA, AG New Mexico, FCS, FLCA, and AG New Mexico, FCS, PCA, Plaintiffs-Appellants-Cross-Appellees, v. Joe Bettencourt Borges and Maria Rocha Borges, Defendants-Appellees-Cross-Appellants, and David Borges, a married man, dealing in his sole and separate estate, Frank Borges, a single man, Atkins Engineering Associates, Inc., a New Mexico Corporation, Cliff Waide, doing business as Waide Irrigation Service and Supply, United States of America, Internal Revenue Service, Pecos Valley Pump, Inc., a New Mexico Corporation, Jordan Dairy Service, LLC, a New Mexico Corporation, CWBC, Inc., a New Mexico Corporation, and all Unknown Claimants of Interest, in the Premises Adverse to The Plaintiffs, Defendants-Appellees-Cross-Appellees, In re Joe Bettencourt Borges, also known as Joe B. Borges, doing business as J & M Dairy, and Maria Rocha Borges, also known as Maria R. Borges, doing business as J & M Dairy, Debtors. Joe Bettencourt Borges and Maria Rocha Borges, Plaintiffs-Appellees-Cross-Appellants, v. AG New Mexico, FCS, PCA, AG New Mexico, FCS, FLCA, and AG New Mexico, FCS, ACA, Defendants-Appellees-Cross-Appellees. In re Joe Bettencourt Borges, also known as Joe B. Borges, doing business as J & M Dairy, and Maria Rocha Borges, also known as Maria R. Borges, doing business as J & M Dairy, Debtors. Joe Bettencourt Borges and Maria Rocha Borges, Plaintiffs-Counter-Defendants-Appellees-Cross-Appellants, v. AG New Mexico, FCS, ACA, AG New Mexico, FCS, PCA, and AG New Mexico, FCS, FLCA, Defendants-Counter-Claimants-Appellants-Cross-Appellees, and National Milk Producers Federation, doing business as Cooperatives Working Together, Defendant.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

Filed April 8, 2014.


Attorney(s) appearing for the Case

Richard F. Rowley II of Rowley Law Firm, LLC, Clovis, NM, for Appellants-Cross-Appellees.

Karla K. Poe ( William J. Arland III and Aletheia V.P. Allen with her on the brief), of Arland & Associates, LLC, Albuquerque, NM, for Appellees-Cross-Appellants.

Before MICHAEL, NUGENT, and SOMERS, Bankruptcy Judges.


SOMERS, Bankruptcy Judge.

This group of consolidated appeals stems from a removed foreclosure action of a dairy in New Mexico. Embedded in them are three main issues: 1) whether a lien allegedly granted by a corrected mortgage that was not signed by the debtors can be avoided under 11 U.S.C. § 544;1 2) whether a lien on water rights was properly perfected under New Mexico law; and 3) whether the lender acted reasonably in enforcing...

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