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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 | |
|---|---|---|---|---|---|
| Summary Judgment | 04/06/2011 | McGuire v. Franklin (In re James W. Franklin) |
Court denies second motion for summary judgment that added no new legal theories or dispositive facts to first motion. 2011 WL 1303316. |
Judge James Starzynski | |
| Relief from Stay | 04/06/2011 | In re Daniel William Cook and Yolanda Teresa Cook |
Debtor lacks standing to bring stay motions trustee did not. Rooker-Feldman doctrine prevents federal courts from reversing state court final decisions. 2011 WL 1321376. |
Judge James Starzynski | |
| Trustee | 04/04/2011 | Montoya v. Campos (In re Eli Tarin and Lilia Tarin) |
Trustee cannot recover from daughter amounts spent by parents on her wedding celebration because debtors received equivalent value in the form of hall rental, food, band, etc. Section 548. 454 B.R. 179 |
Judge James Starzynski | |
| Dischargeability | 04/01/2011 | Alam v. Hossain |
Discusses whether the doctrine of equitable tolling applies to extend the deadline for filing a dischargeability complaint. Adv. No. 10-1183 (Bankr.D.N.M. 2010, J. Jacobvitz). |
Chief Judge Robert H. Jacobvitz | |
| Dischargeability | 03/30/2011 | Valentine v. Valentine (In re Valentine) |
Ability to pay is not relevant under 11 U.S.C. § 523(a)(15). Debt arising from Final Decree and Minute Order issued in dissolution of marriage proceeding is either non-dischargeable under 11 U.S.C. § 523(a)(5) because it is a domestic support obligation, or it is nondischargeable under 11 U.S.C. § 523(a)(15) because it is not a domestic support obligation. Whether plaintiff could enforce her non-dischargeable judgment against defendant's Veteran's Disability Benefits is an issue for the state court. 2012 WL 830621 (Bankr.D.N.M. March 3, 2011, J. Jacobvitz). |
Chief Judge Robert H. Jacobvitz | |
| Professionals | 03/30/2011 | In re Market Center East Retail Property, Inc. |
Memorandum on compensation of special counsel to debtor. After application to employ attorney and work completed, Debtor withdraws application to employ and objects to fees. Section 330(a)(3); Johnson factors. 448 B.R. 43, affirmed ___ BR ___ (10th Cir. BAP March 6, 2012) 09-11696.299 appeal docketed 4/5/2012 (10th Cir.) |
Judge James Starzynski | |
| Chapter 11 | 03/22/2011 | In re Market Center East Retail Property, Inc. |
After initiating fee dispute in bankruptcy court and proceeding past trial, debtor asks court to stay decision on award of fees pending fee arbitration that would have been required by California law. Court denies request; bankruptcy fees more properly decided by bankruptcy court; the stipulated employment order did not require arbitration; debtor was judicially estopped; and California law did not require this exact dispute to be arbitrated. 2011 WL 1100463. |
Judge James Starzynski | |
| Summary Judgment | 03/22/2011 | In re K-Ram, Inc. |
Summary judgment to determine ownership of registry funds. Revised article 9 applies to assignments of "commercial tort claims", absolute assignment v. assignment for security, factors, effect of deed in lieu, "statutory mortgage condition" 451 B.R. 154. |
Judge James Starzynski | |
| Exemptions | 03/18/2011 | In re Hamilton |
Debtor did not act in bad faith by amending her Schedule C to elect state exemption scheme. Debtor could claim New Mexico homestead, exemption in warehouse also used as debtor's "dwelling." |
Chief Judge Robert H. Jacobvitz | |
| Exemptions | 03/17/2011 | In re Ramey |
Debtors could not claim homestead exemption in property adjacent to their residence. Adjacent property had separate address, was separated from the debtors' residence by a chain link fence, and was used by the debtors as a rental property. |
Chief Judge Robert H. Jacobvitz |