1. Yes, we are the major creditor and have a purchase agreement to purchase the debtor's home and property.
2. We are located in Cibola County, New Mexico
3. Our case was heard by a Special Master who found in our favor, upheld by the 13th district court judge and affirmed by the New Mexico Appeals Court.
4. The Special Master found that actions of Defendants constituted trespass by water. He never used the words intent or negligent. However he cited several incidents of Defendant's behavior resulting in trespass by water (e.g., placing rocks along the fence, garage partially built in the road right of way, a diversionary rock wall built to devert water, etc.)
The trustee did not discover other parties on the debtor's deeds until after we made the offer to purchase. Therefore, we believe the Debtors purgered themselves when they signed the Chapter 7 Petition certifying it true and correct when there were other parties on their deeds, one of which submitted a claim for $9,500.
There is also another creditor who submitted a $500 secure claim that was not listed in the Petition.
Further, the debtor significantly underestimated the value of tools and other assets (e.g., $8000 vehicle, $3000 ATV, tools 30K, 3 other vehicles, etc.). Debtors have moved assets to 4 locations. The trustee said he would not pursue them stating all of it resembled furniture that is unlimited in Chapter 7.
Thank you for your questions. I hope this helps.
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