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
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
Abstention, Time     02/11/2014     New Mexico Highlands University v. Makwa Builders, LLC     

In the context of mandatory abstention under 28 U.S.C. § 1334(c)(2), timely adjudication depends on a number of factors including the relative backlog of the state and federal calendars, the complexity of the case, the expertise of each forum, jurisdictional issues, and whether, and to what extent, remanding the case would impact the bankruptcy estate.  The Court declined to consider the timeliness of the entire state court appellate system, rather than just the state trial court, in determining the relative speed with which the state and federal courts could be expected to proceed.  Adv. No. 12-1305 (Bankr.D.N.M. February 11, 2014).

Chief Judge Robert H. Jacobvitz
Chapter 11, Confirmation, Dismissal or Conversion     02/07/2014     PADDA Hotels, LLC     

Bank objected to hotel debtor's proposed 100% plan of reorganization on feasibility grounds.  The Court took evidence and found that the debtor had carried its burden of proving that the plan offered a reasonable prospect of success and is workable.  The Court confirmed the plan and denied the Bank's motion to dismiss.

Judge David T. Thuma
Chapter 13, Dismissal, Dismissal or Conversion, Sanctions     01/31/2014     Javier Humberto Ontiveros     

Court dismissed chapter 13 case because the debtor refused to propose a plan with monthly payments sufficient to pay all priority claims (including a substantial domestic support obligation claim).  Court declined to dismiss the case with prejudice, finding that the case had not been filed or prosecuted in bad faith.  Court declined to award creditor attorney fees because there was insufficient evidence to warrant an award.  Finally, court ordered funds held by the chapter 13 trustee to be paid to debtor's counsel, rather than DSO creditor, per sec. 1326(a).

Judge David T. Thuma
Fraudulent Transfers, Ponzi Scheme Issues     01/23/2014     Wagner v. Eberhard     

In a case involving a Ponzi scheme, the Court found that: (1) the good faith defense does not protect against the recovery of net winnings; (2) for fraudulent transfer purposes, payments to an individual’s self-directed IRA constitute payments to that individual; and (3) the Trustee appropriately applied the “netting rule” to calculate the amounts invested and received.   Adversary No. 11-1226 (Bankr.D.N.M. Jan. 23, 2014).

Chief Judge Robert H. Jacobvitz
Fraudulent Transfers, Ponzi Scheme Issues     01/22/2014     Wagner v. Fenton et al     

In a case involving a Ponzi scheme, the perpetrator does not receive reasonably equivalent value in exchange for the payment of referral fees.  Adversary No. 12-1116 (Bankr.D.N.M. Jan. 22, 2014).

Chief Judge Robert H. Jacobvitz
Abstention, Chapter 11, Confirmation, Judicial Estoppel, Jurisdiction     01/16/2014     Tres Hermanos Dairy, LLC.     

In a chapter 11 case, a creditor asked the Court to determine whether the confirmation order modified its treatment under the confirmed plan.  The debtor objected to the requested relief, argued that the court lacked jurisdiction, and argued that the court should abstain.  The court overruled the debtor's jurisdiction argument, ruled that neither mandatory nor permissive abstention was required, and ruled that the confirmation order did modify creditor's plan treatment.

Judge David T. Thuma
Summary Judgment     01/15/2014     United Tort Claimants, as individuals v. Quorum Health Resources, LLC     

Application of Rule 26 incorporated into parties’ negotiated case management order and requirement to disclose fact witnesses.  Court allowed Plaintiffs to add new witnesses and to take the deposition of certain high level executives, but required Plaintiffs to supplement their disclosures.   Plaintiffs could not rely on Rule 30(b)(6), which allows a party to name a corporation as deponent, to designate a fact witness for trial without naming a particular individual.   2014 WL 184984 (Bankr. D.N.M. Jan. 22, 2014); Case No.11-11-13686 JL; Misc. No. 13-0007.

Chief Judge Robert H. Jacobvitz
Motion to Sell     01/14/2014     Montoya v. Moreno     

In accordance with 11 U.S.C. § 363(h), trustee had authority to sell real property in which non-debtor held co-ownership interest.

Chief Judge Robert H. Jacobvitz
Property of the Estate, Sales of Assets, Trustee     01/14/2014     Montoya v. Moreno et al     

In accordance with 11 U.S.C. § 363(h), trustee had authority to sell real property in which non-debtor held co-ownership interest.  (Case No. 7-09-10073 JL; AP No. 09-1174 J)

Chief Judge Robert H. Jacobvitz

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