Gorence & Oliveros, P.C. v. Chavez (In re Chavez)
Decision Date | 24 January 2020 |
Docket Number | Case No.: 18-12710-j7,Adv. Proceeding No.: 19-01003-j |
Citation | 614 B.R. 874 |
Parties | IN RE: David Robert CHAVEZ, Jr. and Ernestina Sandoval Chavez, Debtors. Gorence & Oliveros, P.C., TMP Legal, LLC, Adam Griego, and Elijah Haukereid, Plaintiffs v. David Robert Chavez, Jr. Defendant. |
Court | U.S. Bankruptcy Court — District of New Mexico |
Robert J. Gorence, Louren Oliveros, Gorence & Oliveros, P.C., Albuquerque, NM, for Plaintiff.
Michael K. Daniels, Albuquerque, NM, for Defendant.
THIS MATTER is before the Court on Plaintiffs' Motion for Summary Judgment ("Summary Judgment Motion"). See Docket No. 9. Defendant/Debtor David Robert Chavez, Jr., filed a response to the Summary Judgment Motion ("Response"), and Plaintiffs replied ("Reply"). See Docket Nos. 15, 16.
Defendant, together with his spouse, filed a voluntary petition for relief under Chapter 7 in October 2018. See Bankruptcy Case No. 18-12710-j7. In January 2019, Plaintiffs filed an adversary proceeding seeking a determination that a civil judgment against Defendant entered in federal district court is non-dischargeable. Docket No. 1. In the Summary Judgment Motion, Plaintiffs argue that the judgment is non-dischargeable as a matter of law under 11 U.S.C. § 523(a)(6) because the facts not in genuine dispute establish that Adam Griego and Elijah Haukereid were injured by Defendant's willful and malicious conduct. Docket No. 9. Defendant argues that genuine disputes of material fact preclude summary judgment. Docket No. 15. After consideration of the arguments and evidence presented by the parties, the Court grants in part and denies in part Plaintiffs' Summary Judgment Motion for the reasons set forth below.
Summary judgment will be granted when the movant demonstrates that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law. See Fed.R.Civ.P. 56(a), made applicable to adversary proceedings by Rule 7056, Fed.R.Bankr.P. "[A] party seeking summary judgment always bears the initial responsibility of informing the ... court of the basis for its motion, and ... [must] demonstrate the absence of a genuine issue of material fact." Celotex Corp. v. Catrett , 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). In considering a motion for summary judgment, the Court must "examine the factual record and reasonable inferences therefrom in the light most favorable to the party opposing summary judgment." Wolf v. Prudential Ins. Co. of America , 50 F.3d 793, 796 (10th Cir. 1995) (quoting Applied Genetics Int'l, Inc. v. First Affiliated Securities, Inc. , 912 F.2d 1238, 1241 (10th Cir. 1990) ). "[A] party opposing a properly supported motion for summary judgment may not rest upon mere allegation or denials of his pleading, but must set forth specific facts showing that there is a genuine issue for trial" through affidavits or other supporting evidence. Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 256, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Furthermore, New Mexico Local Bankruptcy Rule 7056–1(c) provides that the party opposing summary judgment must: 1) list the material facts as to which the party contends a genuine fact exists; 2) "refer with particularity to those portions of the record upon which the opposing party relies;" and 3) "state the number of the movant's fact that is disputed." NM LBR 7056–1(c). Properly supported material facts set forth in the movant's motion are "deemed admitted unless specifically controverted" by the party opposing summary judgment. NM LBR 7056–1(c).
After review of the statements in the Plea Agreement,2 the affidavits and testimony presented by Plaintiffs, and Defendant's affidavit and attachments thereto, as well as the Summary Judgment Motion, Response, and Reply, the Court finds that the following facts are not in genuine dispute.3
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