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, Summary Judgment     06/26/2013     Jacoby et.al v. Akbari-Shahmirzadi     

 Court reviews admissibility of affidavit testimony and letter submitted in defense of summary judgment motion, in face of hearsay objection.

Judge David T. Thuma
Dischargeability, Summary Judgment     06/11/2013     Baker v. Baker     

Whether attorney fees awarded in a divorce proceeding are nondischargeable under 523(a)(15)

Judge David T. Thuma
Assumption, Damages, Evidence, Summary Judgment     06/07/2013     Beohm v. Pickel et. al.     

Whether contract was validly terminated pre-petition by non-debtor party for default; if not, whether debtor could assume and obtain specific performance.

Judge David T. Thuma
Valuation     05/28/2013     Mirada Del Lago, LLC     

Opinion on value of real property, based on competing appraisals

Judge David T. Thuma
Avoidance Actions, Fraudulent Transfers, Good Faith, Ponzi Scheme Issues     05/24/2013     Wagner v. Ultima Homes, Inc.     

 In a case involving a Ponzi scheme, the Court found that: (1) the Chapter 11 trustee had standing to pursue her fraudulent transfer claims; and (2) such claims were not barred by ERISA’s anti-alienation provision or exclusive benefit rule.  The Court also established the framework for analyzing the good faith defense under 11 U.S.C. §548(c).  Adv. No. 12-1110 (Bkrtcy.D.N.M. May 24, 2013).

Chief Judge Robert H. Jacobvitz
Class Action, Damages, Reconsideration     05/21/2013     Montano et al. v. First Light Federal Credit Union     

 "Opinion on class plaintiffs' motion to reconsider decertification order, and discussing recent Supreme Court case on class-wide proof of damages."

Judge David T. Thuma
Collateral Estoppel, Judicial Estoppel, Res Judicata, Summary Judgment, Waiver     05/14/2013     Baker v. The Bank of New York, et al     

Memorandum opinion denying defendants' motion for summary judgment on re judicata and/or collateral estoppel grounds

Judge David T. Thuma
Dischargeability, Dismissal     05/09/2013     Midas Auto Sales, Inc. v. Michael Allen Holley     

Defendant's motion to dismiss the adversary proceeding with prejudice denied. Plaintiff to file an amended complaint.

Judge David T. Thuma
Limitation of Actions, Time     05/08/2013     United States Trustee v. Ivan C. Brutsche     

Defendant's motion to dismiss the adversary proceeding denied because the U.S. Trustee's complaint was filed within the one-year limitation period set forth in 11 U.S.C. § 727(e)(1).

Judge David T. Thuma
Abstention, Chapter 11, Dismissal or Conversion, Public Utility, Turnover     04/26/2013     Picacho Hills Utility Company, Inc.     

Motion to dismiss for bad faith filing; Motion to abstain pursuant to § 305; and Motion to excuse compliance with § 543(a).

Judge David T. Thuma

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