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     08/09/2012     Gila Regional Medical Center v. Lobera (In re Alex Lobera)     

Court denies motion for summary judgment based on res judicata argument that Court's earlier failure to dismiss case as abusive precluded denial of discharge.  Court also finds that bankruptcy courts may enter money judgments.  2012 WL 3263730.

 Judge James Starzynski
Appeals     08/06/2012     In re Brutsche     

Stay pending appeal.  Rule 8005.  Elements.

 Judge James Starzynski
Avoidance Actions, Fraudulent Transfers, Ponzi Scheme Issues     08/02/2012     Wagner v. Pruett     

Addresses fraudulent transfers in a Ponzi scheme case.  Adversary No. 11-1185-j (Bankr.D.N.M. August 2, 2012 J. Jacobvitz).

 Chief Judge Robert H. Jacobvitz
Automatic Stay     07/30/2012     In re Smith     

Automatic stay did not apply to state court suit by lessor under assumed contract after confirmation of Chapter 12 plan.  Lack of jurisdiction.  2012 WL 2885794.

 Judge James Starzynski
Chapter 13     07/30/2012     Yaryan-Parks Trust v. Martinez (In re Patricia F. Martinez)     

Mobile home was included in bankruptcy estate despite state court foreclosure because debtor remained in possession and sale had not occured.  Section 1322.  Discusses remedies available under NM UCC.  ___ B.R. ___, 2012 WL 3071227.

 Judge James Starzynski
Attorneys Fees     06/26/2012     Kitts Development, LLC     

In a Chapter 11 case, whether the services benefitted the estate and therefore were necessary is a threshold requirement for attorney compensation; if counsel's services conferred no likely benefit to the estate, the fees are not compensable. "Benefit" to the estate is measured in part by considering whether the services were necessary to the administration of, or beneficial at the time which the service was rendered, the completion of, a case under this title.  2012 WL 2411856 (Bankr.D.N.M. 2012 J. Jacobvitz).

 Chief Judge Robert H. Jacobvitz
Chapter 11, Dismissal or Conversion     06/22/2012     In re Rubin     

Court converts individual chapter 11 non-consumer debtors to chapter 7.  Estate had been depleted approximately $11,700 per month for living expenses.  Substantial or continuing loss to or diminution of the estate and absence of reasonable likelihood of rehabilitation.  2012 WL 2374240

 Judge James Starzynski
Chapter 11, Dismissal or Conversion     06/08/2012     In re Brutsche     

Conversion chapter 11 to chapter 7.  Section 1112(b).  Discussion of "rehabilitation" versus "reorganization."  Continuing loss to estate.  476 B.R. 298.

Judge James Starzynski
Automatic Stay     06/07/2012     In re Acevedo     

Motion to continue automatic stay.  Section 362(c)(3). 2012 WL 2062399.

 Judge James Starzynski
Discharge     05/24/2012     Vencill v. Spain     

A discharge granted in a Chapter 7 case does not discharge a creditor's lien against property of the debtor. The discharge operates as an injunction against any act to collect a prepetition debt as a personal liability of the debtor. Case No. 11-10112-j7 (Bankr.D.N.M. J. Jacobvitz 2012).

 Chief Judge Robert H. Jacobvitz

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