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
Adversary     04/11/2012     Bloom v. Taos County Board of Commissioners (In re Plaza de Retiro, Inc.)     

Standards for motion to dismiss.  Code section 505.  Property taxes.   Section 108 extensions for debtors/trustees.  Cannot seek turnover if ownership is disputed.  Section 542.  2012 WL 1207399.

Judge James Starzynski
Jurisdiction     04/10/2012     Cohen v. Property Owners Committee of Rancho Ruidoso Valley Estates et al     

Bankruptcy courts have limited subject matter jurisdiction.  When claims premised on pre-petition actions do not arise under Title 11, do not arise in a case under Title 11, and are not related to a case under Title 11, the Court does not have jurisdiction to hear them.   2012 WL 1192779 (Bankr. D.N.M. J.Jacobvitz 2012).

Chief Judge Robert H. Jacobvitz
Standing     04/06/2012     Bryant v. Franchini     

If the original parties to the case settle all the claims between them, and a party wishing to intervene wants to challenge the settlement, the intervenor is then required to establish independent standing under Article III of the United States Constitution.  2012 WL 1196565 (Bankr.D.N.M. J. Jacobvitz 2012).

Chief Judge Robert H. Jacobvitz
Dischargeability     04/06/2012     Kim v. Keeran     

Discussing 11 U.S.C. 523(a)(2)(A), 727(a)(3), and 727(a)(5).   2012 WL 1196531 (Bankr.D.N.M. J. Jacobvitz 2012).

Chief Judge Robert H. Jacobvitz
Attorneys Fees     04/05/2012     Leslie A. Fincher     

In Chapter 13, the starting point in determining the reasonableness of an attorney's fees is the lodestar method, i.e. the fee is determined by multiplying the reasonable number of hours expended by the reasonable hourly rate.  2012 WL 1155719 (Bankr.D.N.M. J. Jacobvitz 2012).

Chief Judge Robert H. Jacobvitz
Summary Judgment     03/28/2012     Gonzales v. Saul Ewing, LLP (In re Douglas F. Vaughan)     

Motions for Summary Judgment on ownership of registry funds.  Revised Fed.R.Civ.P. 56.  Expert affidavits.  Must trace funds in constructive trust.  Defenses to preference.   471 B.R. 263

Judge James Starzynski
Dismissal     03/19/2012     Sandoval v. Century Bank (In re Magdaleno M. Sandoval)     

Motion to dismiss granted.  Debtor is bound by same deadlines as is the trustee when recovering preferentially transferred assets.  sections 522(g), (h), (i), section 546(a), section 550.  470 B.R. 195.

Judge James Starzynski
Standing     03/16/2012     Patel et al v. Patel et al     

New Mexico community property law dictates that where only one spouse is named in a document evidencing ownership of community personal property, only that spouse has the power to manage, control, dispose of, or encumber that property. Given this rule, when only spouse is listed on LLC membership documents, the other spouse does not have standing to assert a derivative action on behalf of the LLC.  2012 WL 908439 (Bankr.D.N.M. J. Jacobvitz 2012).

Chief Judge Robert H. Jacobvitz
Dischargeability     03/15/2012     CAGO, Inc. v. Slade     

Even though a settlement agreement may not have been induced by fraud, if it novates a contract predicated on fraud, the settlement amount is itself nondischargeable (and thus the measurement of the nondischargeable debt) under § 523(a)(2)(A). For the Court to find a debt nondischargeable on the basis of a debtor's misrepresentation regarding his financial condition, the misrepresentation must be made in a written document. § 523(a)(2)(B). This opinion also summarily describes when § 523(a)(11) is applicable.  --- B.R. ----, 2012 WL 907225 (Bankr.D.N.M. J. Jacobvitz 2012).

Chief Judge Robert H. Jacobvitz
Exemptions     03/13/2012     Lucio Leide Foah     

The New Mexico state exemption on life insurance policies extends to insured parties who are citizens or residents of the state of New Mexico, and to owners of insurance policies who are citizens or residents thereof.  2012 WL 863833 (Bankr.D.N.M. J. Jacobvitz 2012).

Chief Judge Robert H. Jacobvitz

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