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
Abstention, Chapter 11, Dismissal or Conversion, Public Utility, Turnover     04/26/2013     Picacho Hills Utility Company, Inc.     

Motion to dismiss for bad faith filing; Motion to abstain pursuant to § 305; and Motion to excuse compliance with § 543(a).

Judge David T. Thuma
Collateral Estoppel     04/24/2013     Doe et al v. Martinez et al     

Plaintiffs were entitled to summary judgment on § 523(a)(6) non-dischargeability claim based on application of Arizona statute which provides that a defendant who is convicted in a criminal proceeding is precluded from  denying the allegations of the criminal offense in a subsequent civil proceeding  brought by the victim, even if the criminal judgment resulted from a plea of no contest. (2013 WL 1755187 (Bankr.D.N.M. 2013); Case No. 7-09-15002 JL;AP No. 10-1039- Docket 66)

Chief Judge Robert H. Jacobvitz
Chapter 11, Confirmation     04/05/2013     Deming Hospitality LLC     

Debtor's amended disclosure statement argument.

Judge David T. Thuma
Contract Interpretation     04/04/2013     Western Wood Products, Inc., v. Western Pellet Products, LLC.,     

Debtor sought to reject contract and unexpired lease, but there was insufficient evidence before the court to determine whether debtor exercised proper business judgment.   Court determined that defendant was not in default under the terms of the lease or the contract, but the debtor breached the contract which would entitle the defendant to damages in the event the debtor rejected the contract and the lease.  Court may look to course of dealing, course of performance, and usage of trade to interpret the meaning of a contract. 2013 WL 1386285 (Bankr. D.N.M. April 4, 2013);  Case No. 11-12-10057; AP No. 12-1172 J – Docket No. 30.

Chief Judge Robert H. Jacobvitz
Contract Interpretation     04/04/2013     Western Wood Products, Inc. v. Western Pellet Products, LLC     

Debtor sought to reject contract and unexpired lease, but there was insufficient evidence before the court to determine whether debtor exercised proper business judgment.   Court determined that defendant was not in default under the terms of the lease or the contract, but the debtor breached the contract which would entitle the defendant to damages in the event the debtor rejected the contract and the lease.  Court may look to course of dealing, course of performance, and usage of trade to interpret the meaning of a contract. (2013 WL 1386285 (Bankr. D.N.M. April 4, 2013);  Case No. 11-12-10057; AP No. 12-1172 J – Docket No. 30)

Chief Judge Robert H. Jacobvitz
Adversary Proceedings - Procedural Matters     03/27/2013     Baker v. The Bank of New York, et al     

Motion for leave to file amended answer.

Judge David T. Thuma
Collateral Estoppel, Discharge, Dischargeability     03/27/2013     Brito, et al v. Luna     

Dischargeability under 11 U.S.C. §§ 523(a)(2), (a)(4), and/or (a)(6), and denial of discharge under 11 U.S.C. §§ 727(a)(3) and/or (a)(4). 

Judge David T. Thuma
Jurisdiction, Reaffirmation Agreements     03/26/2013     Katherine A. Maynard and James Maynard     

Motion to reopen case to challenge the enforceability of a reaffirmation agreement.

Judge David T. Thuma
Class Action, Discharge Injunction     03/21/2013     Montano v. First Light Federal Credit Union     

Plaintiffs allege that Defendant violated the discharge injunction.  Plaintiffs seek declaratory and injuctive relief (Class 1) and compensatory and punitive damages (Class 2).

Judge David T. Thuma
Adversary Proceedings - Procedural Matters     03/21/2013     Montano v. First Light Federal Credit Union     

Declaratory and injunctive relief (Class 1) and compensatory and punitive damages (Class 2).

Judge David T. Thuma

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