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Fund denied creditor claim to Hofschneider estate
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Posted on Dec 03 2018
Superior Court Associate Judge Joseph N. Camacho has found that the NMI Settlement Fund miscalculated the pension of a government employee who died in 2013.
This miscalculation, Camacho said, was never brought to the attention of Bernard Villagomez Hofschneider while he was alive.
“Therefore, the Settlement Fund was not a known creditor,” said Camacho in an order on Wednesday that granted the administratrix of the Hofschneider estate’s motion to dismiss the Settlement Fund’s claim.
The Settlement Fund claimed that based on its audit of Hofschneider’s account, the decedent owes the Fund $1,458.
Camacho said a 60-day deadline for creditors to file their claims passed, but the Settlement Fund did not submit any notice of claims within that period.
“Therefore, both as a known or unknown creditor, the Settlement Fund missed the deadline to submit claims,” the judge said.
According to court records Hofschneider died on Oct. 27, 2013, and his wife, who was appointed the administratrix of his estate, Guadalupe Hofschneider, delivered the decedent’s death certificate to the NMI Settlement Fund on Oct. 31, 2013.
On Aug. 10, 2016, counsel to the administratrix submitted a letter inquiring whether the NMI Settlement Fund office possessed an account receivable/payable to the decedent.
On Nov. 28, 2016, the Fund served a notice of adverse action to the administratrix notifying her that they did an audit on the decedent’s account and found that he owes $1458.74.
The administratrix appealed to the NMI Settlement Fund hearing office on Dec. 15, 2016.
On March 29, the administratrix filed her motion to dismiss the NMI Settlement Fund’s claims. The Fund filed its opposition on May 11, 2018, and the administratrix filed her reply on June 25.
