IN RE CARTER

Bankruptcy No. 7-14-10308 TS. Adversary No. 14-01056 T.

516 B.R. 638 (2014)

In re Lowinda G. CARTER, Debtor. Alejandra Barrazo, Plaintiff, v. Lowinda G. Carter, dba Winds of Choice Chiropractic Center, aka Windy Carter, Defendant.

United States Bankruptcy Court, D. New Mexico.

Signed August 29, 2014.


Attorney(s) appearing for the Case

William Garth Gilchrist, IV , Davis, Gilchrist & Lee, P.C. Albuquerque, NM, for Plaintiff.

William H. Ivry , Santa Fe, NM, for Defendant.


MEMORANDUM OPINION

DAVID T. THUMA, Bankruptcy Judge.

Plaintiff initiated this adversary proceeding by filing a Motion to Declare Certain Debts Nondischargeable Pursuant to 11 U.S.C. § 523 (the "Motion"). Due to procedural defects, including filing a motion rather than a complaint and failing to serve Defendant's counsel, Defendant has asked the Court to dismiss the proceeding. For the reasons set forth herein, the request will be denied but Plaintiff...

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