Opinions

 

All court opinions may be accessed at no charge via PACER through the "Written Opinions" link on the Reports page. You must, however, have an account to access the report via CM/ECF or PACER.

Access to opinions from 1997 to present, that are PDF searchable, unrestricted & unsealed, are also available through the Government Printing Office using the Advanced Search for Government Publications. There is no login required and publications are available free of charge.

Court's Web Site Opinions Database

The court's web site provides free access of some opinions, at the discretion of the judges, for the years 1998 to present. The results shown below are automatically displayed for all years, all judges, and all keywords/topics.

A search may be performed using the Search box above, or filtering by year, judge, and/or keyword/topic. To search for more than one judge and/or keywords/topics simultaneously, hold down the Ctrl key (or Command key) and select each item.

Keywords/Topic Date Title Description Judge
Chapter 11, Dismissal, Dismissal or Conversion, Good Faith     04/11/2014     Melanie Milasinovich     

U.S. Trustee filed motion to dismiss debtor's Chapter 11 case for cause.  Based on the record and docket, the Court found that there was cause to dismiss the case with prejudice to refiling for 180 days.  The cause included the inability to effectuate a plan, improper purpose for filing, and bad faith.  The dismissal with prejudice was based upon debtor's willful failure to attend hearings and prosecute the case.
 

 Judge David T. Thuma
Dismissal, Dismissal or Conversion, Good Faith     04/04/2014     Scott Walter Snyder     

Single creditor of Debtor with relatively high income sought dismissal or conversion of Chapter 7 bankruptcy case.  The Debtor alleged that he filed the case in good faith because, despite his high income, he could not both repay this single creditor and save for retirement.  The court held that bad faith is an appropriate basis to dismiss a case, but found that it was inappropriate to dismiss this case based on a 16 factor analysis of good faith.

 Judge David T. Thuma
Automatic Stay, Relief from Stay     04/04/2014     Sunland, Inc.     

Business injury claimant moved for relief from stay to pursue pending jury trial action against the debtor in federal court;  Although the movant was willing to limit its recovery to the insurance proceeds, it appeared that there was not enough insurance to pay all claims.  This fact, coupled with the prospect that the trustee could monetize the insurance proceeds and distribute them pro rata to allowed claimants, prompted the court to deny stay relief.

 Judge David T. Thuma
Administrative Claims, Appeals, Reconsideration, Sales of Assets     03/27/2014     Sunland, Inc.     

One day after court entered order denying motion to approve auction sale because a late bidder appeared with a much higher price, lower bidder filed a motion to reconsider, for stay, and for other relief.  The court denied the motion to reconsider, denied the motion to stay after reviewing the relevant factors, and denied other relief.

 Judge David T. Thuma
Reaffirmation Agreements     03/25/2014     Janice L. Kirk     

Debtor moved to reopen chapter 7 bankruptcy case and set aside the discharge order so she could enter into a reaffirmation agreement.  The court denied the motion, holding that it did not have the authority to set aside the discharge order retroactively, and that without the retroactive effect, the court could not not grant debtor the requested relief.

 Judge David T. Thuma
Motion to Sell, Sales of Assets     03/25/2014     Sunland, Inc.     

Trustee sought court guidance whether he must proceed with selling assets to high bidder at auction, given a post-auction upset bid for a much higher price.  The Court ruled that, given the circumstances of the matter, it would deny the trustee's motion to sell the assets to the auction bidder and reopen the auction so the upset bid could be considered.

 Judge David T. Thuma
Dischargeability, Nondischargeability     03/11/2014     Lopez Roofing Service, Inc., v. Stacy Baker     

After an evidentiary hearing, the Court fixed the amount of a debt that was nondischargeable under Sec. 523(a)(4) because of embezzlement.dischar

 Judge David T. Thuma
Discharge, Summary Judgment     02/25/2014     Kirtland Federal Credit Union v. Mesibov     

Creditor sought summary judgment denying debtor's discharge, primarily for failing to disclose certain alimony and child support rights and payments.  The court denied the motion, finding there were fact issues about the debtor's intent when she failed to disclose the rights and payments, and about the materiality of such failures.

 Judge David T. Thuma
Automatic Stay, Chapter 11, Summary Judgment     02/19/2014     Melanie Milasinovich     

Creditor granted relief from the automatic stay to obtain possession of Santa Fe house from the Chapter 11 debtor in possession.  The Debtor's interest in the house was foreclosed pre-petition, and the house sold by a special master.  Despite losing ownership, the debtor continued to live in the house and rent it out to tenants, seeking bankruptcy protection when threatened with a writ of assistance to evict her.

 Judge David T. Thuma
Ponzi Scheme Issues, Professionals, Trustee     02/14/2014     Wagner v. Lankford     

Summary:  The Barton doctrine requires parties to obtain permission from the bankruptcy court before suing a case trustee for actions taken in the course of his or her official duties.  In order to obtain such permission, the movant must make a prima facie case showing that the claim is not without foundation.  Adv. No. 12-1139 (Bankr.D.N.M. February 14, 2014).
 

 Chief Judge Robert H. Jacobvitz

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