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
Waiver     01/18/2013     Galey v. Boydstun     

Plaintiff filed a motion to waive filing fee and submitted a signed declaration of facts and Information and an application to proceed in District Court without prepaying fees or costs.  The Court finds it should defer the filing fee in this adversary proceeding, but that if Plaintiff obtains a money judgment, she must pay the filing fees upon collection of any substantial portion thereof. 

Judge David T. Thuma
Dischargeability, Summary Judgment     01/18/2013     Jacoby, et al v. Akbari-Shahmirzadi     

Plaintiff seeks to have Defendant's debt declared nondischargeable under, inter alia, 11 U.S.C. § 523(a)(4).  Plaintiff's motion for partial summary judgment includes 34 asserted facts and supporting evidence, non of which Defendant addressed in her response.  The Court elects to consider the facts undisputed, and concludes that the facts provide a sufficient evidentiary basis for judgment in Plaintiff's favor on the liability portion of its § 523(a)(4) claim.  The Court will grant the motion with respect to liability and hold a hearing on the amount of Plaintiff's claim that should be declared nondischargeable.   

Judge David T. Thuma
Avoidance Actions, Turnover     01/10/2013     Montoya v. Velasquez     

Addresses whether two alleged transfers from the Debtor to the Defendant can be recovered by the Chapter 7 trustee, either as fraudulent transfers, under a state law conversion theory, or by compelling their turnover pursuant to 11 U.S.C. § 542.

Judge David T. Thuma
Garnishment, Standing, Stay Violation     01/04/2013     Marques v. APD, Inc. et al     

Debtor lacks standing to assert a motion for turnover under 11 U.S.C. § 542 based on pre-petition wage garnishment and lacks standing to assert a claim for violation of automatic stay even with respect to garnished funds retained post-petition.  2013 WL 74606 (Bankr. D.N.M. Jan.  4, 2013); Case No. 7-12-11773 JA;  AP No.  12-1194 – Docket No. 93.

Chief Judge Robert H. Jacobvitz
Dismissal, Good Faith     12/28/2012     Robert H. Quinn, Jr. and Stephanie S. Quinn,     

A debtor’s pre-petition and post-petition good faith is relevant to the determination of whether a Chapter 7 case may be dismissed for “cause” under § 707(a).  Trustee could not use motion to dismiss under § 707(a) as a substitute for filing a motion to convert.  490 B.R. 607 (Bankr. D. N.M. 2012);  Case No. 7-12-10079 JA – Docket No. 113.

Chief Judge Robert H. Jacobvitz
Automatic Stay     12/21/2012     Mountain Edge LLC     

Chapter 11 debtor's plan of reorganization and creditor's request for relief from automatic stay.

Judge David T. Thuma
Dischargeability     12/21/2012     Lastra v. United States of America et. al     

Cross motions for summary judgment on the dischargeability of certain federal income taxes.

Judge David T. Thuma
Equitable Estoppel     12/20/2012     Florie Baca and Abran A. Baca     

Court interprets meaning and application of Rule 3002.1(f), Notice of Final Cure Payment with respect to debtor’s post-petition payments.  2012 WL 6647733 (Bankr. D.N.M. Dec. 20, 2012); 13-10-10765 JA – Docket No. 76.

Chief Judge Robert H. Jacobvitz
Adversary, Discharge, Dischargeability     12/05/2012     U.S. Trustee v. Cortes (In re: Paul L. Cortes)     

Complaint to deny discharge under section 727. Judgment in favor of defendant for discharge.

Judge James Starzynski
Reconsideration     12/05/2012     Bloom v. The Behles Law Firm PC, et al.     

Motion to reconsider the Court's partial summary judgment.

Judge David T. Thuma

Pages