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
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
Garnishment     10/17/2011     Velasquez v. Prestige Financial Services, Inc. (In re Damien E. Velasquez and Kristi J. Velasquez)     

Motions for summary judgment regarding entitlement to garnished funds held in escrow denied.  Tax liens.  Unitary Creditor (government claims).  Setoff.  NMSA 35-12-9.

Judge James Starzynski
Miscellaneous     10/12/2011     In re Richard Clark Williamson and Tonya Gale Williamson     

Claim objection based on interpretation of dragnet clause in mortgage.  NMSA 48-7-9.  Future advances.  Cross-collateralization.  New Mexico law on ambiguity,

Judge James Starzynski
Adversary     10/11/2011     Hydroscope Group, Inc. v. Bloom (In re Daniel William Cook and Yolanda T. Cook)     

Motion to reopen adversary proceeding against former chapter 11 trustee denied.  Discharged pro se debtor attempts to reopen adversary proceeding to which he was not a party to attempt to collect funds for his creditors based on trustee's alleged slander of title of personal property owned by corporations in which debtor had interest.  Adversary had previously been dismissed for failure to comply with Barton doctrine.  Upon reconsideration, adversary was reopened pending pursuit of Barton relief in the main case.  This was not done and about three years later the Court reclosed the adversary.  Debtor moved to reopen a second time.

Judge James Starzynski
Dischargeability     10/11/2011     United States Trustee v. Sanchez (In re Alfred D. Sanchez and Linda J. Sanchez)     

Denial of discharge.  Section 727.  Badges of fraud.  Fact intensive decision.

Judge James Starzynski
Adversary     10/05/2011     Dill v. Brad Hall & Associates, Inc. (In re Indian Capitol Distributing, Inc.)     

Trustee lacked constitutional standing to pursue unauthorized postpetition transfers because there was no damage.  Court refuses to follow Marathon Petroleum Co. v. Cohen (In re Delco Oil, Inc.), 599 F.3d 1255 (11th Cir. 2010), which has same basic fact pattern.  Federal Court jurisdiction.  Article III.  Case or controversy.  Standing.  Need to allege actual injury traceable to defendant that may be redressed by a favorable ruling.  2011 WL 4711895.

Judge James Starzynski

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