Defendant from Dubai sought to dismiss Plaintiff's complaint for lack of personal jurisdiction and failure to state a claim.  Plaintiff sued Defendant to recover allegedly fraudulent transfers from the Debtor.  The inquiry was whether defendant had sufficient minimum contacts with the forum state, which in bankruptcy cases is the United States.  The Court concluded it had personal jurisdiction over the Defendant, which intentionally accepted $250,000 from the Debtor's Swiss bank account.  The Court also directed Plaintiff to amend the complaint to more clearly state his claims. 

The Court temporarily allowed debtor’s principal’s claim pursuant to Fed.R.Bankr.P. 3018(a) for voting purposes.  The Court has some discretion to determine the amount of a creditor’s claim for voting purposes.  The claimant must present sufficient evidence that it has a colorable claim capable of temporary evaluation.  Claimant was not entitled to a claim for arising from anticipated lease-rejection damages.

Creditors objected to debtor’s claims of exemption, asserting that debtor could not claim exemptions under the New Mexico exemption statute applicable to married persons or heads of household, nor could the debtor claim exemptions under the New Mexico exemption statute applicable to persons who support only themselves.  Debtor was not married and depended upon his live-in girlfriend for support.  The Court overruled the creditor’s objection, interpreting the New Mexico statute to allow the debtor to claim an exemption under 42-10-2 notwithstanding the fact that his income was insufficient to fully support himself.  The Court overruled the Creditors’ objection to debtor’s claimed exemption in the cash surrender value of a life insurance policy and debtor’s homestead exemption.  The Court also overruled the Creditors’ objection to Debtor’s claimed exemption in televisions, stereo, speakers, Blue Ray Players, wall art, beaver fur, and twenty-seven pieces of silver jewelry.  The Court sustained the creditors’ objection to the debtor’s claimed exemption in a camera, bicycles, skis, boots, and ski gear, because those items did fall within the category of “furniture” or “clothing” under the New Mexico exemption statutes. 

The facts not subject to genuine dispute established that the residential lease underlying Plaintiffs’ claims for violation of the automatic stay and the discharge injunction was entered into after Plaintiffs filed their voluntary Chapter 7 bankruptcy petition.  Defendants’ actions to enforce the post-petition lease did not violate the automatic stay or the discharge injunction.  The Court granted Defendants’ motion for summary judgment.