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
Joint Petitions     02/07/2012     Yhoshua Cohen and Pamela Penrod     

A party challenging whether two debtors were actually married and thus permitted to file a joint bankruptcy petition has the burden of proving, by clear and convincing evidence, that the alleged marriage is actually invalid.  2012 WL 400715 (Bankr.D.N.M. J. Jacobvitz 2012).

 Chief Judge Robert H. Jacobvitz
Adversary Proceedings - Procedural Matters     02/03/2012     Westmoreland v. Westmoreland     

Motions to Dismiss: A complaint is sufficiently specific if it gives the defendant fair notice of the claim and the grounds upon which it rests.   Westmoreland v. Westmoreland.  2012 WL 369423 (Bankr.D.N.M. J. Jacobvitz 2012).

 Chief Judge Robert H. Jacobvitz
Abstention     01/31/2012     Phoenix Energy Services v. Phoenix Environmental, LLC (In re Phoenix Environmental, LLC)     

Abstention in pending state court case removed to bankruptcy court.  Discusses core/non-core distinctions.  2012 WL 279446.

 Judge James Starzynski
Exemptions     01/24/2012     Eloy T. Martinez and Rosina T. Martinez     

One must have an economic interest in a property in order to claim it as part of the homestead exemption under New Mexico law.  Simply occupying a dwelling as a residence is insufficient.  ​469 B.R.74 (Bankr.D.N.M. J.Jacobvitz 2012).

 Chief Judge Robert H. Jacobvitz
Dischargeability     01/20/2012     Comstock v. Rodriguez     

Discussing 11 U.S.C. 523(a)(5) versus (a)(5).   2012 WL 174309 (Bankr.D.N.M. J.Jacobvitz 2012).

 Chief Judge Robert H. Jacobvitz
Evidence     12/12/2011     Platinum Oil Properties, LLC     

Discussion of the parol evidence rule.  2011 WL 6293132 (Bankr.D.N.M 2011, J. Jacobvitz).

 Chief Judge Robert H. Jacobvitz
Dischargeability     12/12/2011     First New Mexico Bank v. Bruton     

When a tort committed by one spouse benefits the marriage community, the debt arising from such tort may be satisfied from community property.  However, the innocent  spouse is not personally liable for the debt and that innocent spouse's separate property is not available to satisfy creditors.   2011 WL 6148702 (Bankr.D.N.M. 2011, J. Jacobvitz).

 Chief Judge Robert H. Jacobvitz
Default Judgment     11/10/2011     In re Alanis     

Debtor reopens case to avoid judicial lien based on default judgment in personal injury action.  2011 WL 5509085.

 Judge James Starzynski
Dischargeability     11/04/2011     McNaughton v. Maytorena, et al.     

Equitable tolling does not apply to extend deadlines for commencing adversary proceedings under 11 U.S.C. §§ 523 and 727 when the plaintiff has actual knowledge of bankruptcy proceedings in time to commence such an action.  2011 WL 5509194 (Bankr.D.N.M. 2011 J. Jacobvitz).

 Chief Judge Robert H. Jacobvitz
Dischargeability     11/02/2011     Taylor v. Taylor     

Judgment for overpayment of spousal support could not support a claim under 11 U.S.C. § 523(a)(2)(A) where plaintiff knew of defendant-debtor's alleged misrepresentation at the time he sought to recover the overpayment.  Debt for overpayment of spousal support does not automatically retain its character as support for purposes of 11 U.S.C. § 523(a)(5).  Debt for overpayment of spousal support could support a non-dischargeability claim under 11 U.S.C. § 523(a)(15).  Taylor v. Taylor (In re Taylor), 455 B.R. 799 (Bankr.D.N.M. 2011, J. Jacobvitz) and Taylor v. Taylor (In re Taylor) AP No. 11-1020 J (Docket No.23), aff'd, ___ B.R. ___, 2012 WL 3839318 (10th Cir. BAP 2012).

 Chief Judge Robert H. Jacobvitz

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