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
Automatic Stay     10/10/2012     Mountain Edge LLC     

Memorandum Opinion on single asset real estate status (automatic stay).

Judge David T. Thuma
Dischargeability, Limitation of Actions, Summary Judgment     10/05/2012     Quintana v. Martin     

Complaint on nondischargeability. Defendant's motion fo partial summary judgment.  Matter set for pre-trial and trial on the merits.

Judge David T. Thuma
    10/03/2012     Phoenix Environmental, LLC v. Xeric Oil and Gas, Inc. et. al (In re Phoenix Environmental, LLC)     

Replacement memorandum opinion in support of order abstaining from hearing adversary proceeding and remanding adversary proceeding to State Court.

Judge James Starzynski
Adversary Proceedings - Procedural Matters, Dischargeability, Summary Judgment     10/03/2012     FIA Card Services, N.A. v. Wang     

Complaint objecting to dischargeability of indebtedness.  Motion for summary judgment denied and case set for trial.

Judge David T. Thuma
Adversary, Adversary Proceedings - Procedural Matters, Limitation of Actions     09/27/2012     Baker v. The Bank of New York, et al.     

Defendants' Motion for Judgment on the Pleadings. 

Judge David T. Thuma
Abstention     09/27/2012     Phoenix Environmental, LLC v. Xeric Oil and Gas, Inc. (In re Phoenix Environmental, LLC)     

Amended Memo Opinion on Mandatory Abstention, replaces 8/22/12 opinion.  The amended opinion was withdrawn on 9/28/12.  12-1007.37.  The order was set aside on 9/28/12.  12-1007.38.

Judge James Starzynski
Reaffirmation Agreements     09/12/2012     Narro v. Ford Motor Credit (In re Miguel Narro and Jane M. Narro)     

No violation of discharge injunction found when creditor repossesses collateral despite fact debtors were not in default postpetition when their reaffirmation agreement was not enforceable.  Also, no bankruptcy jurisdiction under these facts.  2012 WL 4027258.

Judge James Starzynski
Adversary     09/07/2012     Montoya v. Pacheco (In re Anthony C. Salcido)     

Setoff, recoupment, anticipatory breach of contract, New Mexico damages law.  2012 WL 3904535.

Judge James Starzynski
Abstention     08/21/2012     Phoenix Environmental, LLC v. Xeric Oil and Gas, Inc. (In re Phoenix Environmental, LLC)     

Mandatory Abstention.  2012 WL 3637915.   Note: This opinion was amended by one entered 9/27/12, listed below.  Amended Memo Opinion on Mandatory Abstention, replaces 8/22/12 opinion.  Both opinions were withdrawn on 9/28/12.  12-1007.37.  The order was set aside on 9/28/12.  12-1007.38.

Judge James Starzynski
Chapter 11     08/15/2012     In re Furr's Supermarkets, Inc.     

Reclamation claims are valueless if secured creditor has lien on all inventory and is undersecured.  2012 WL 3396146.

Judge James Starzynski

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