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
Default Judgment, Reconsideration     03/15/2013     Jacoby, et al v. Akbari-Shahmirzadi     

Motion to reconsider order granting partial summary judgment as to liability.  

Judge David T. Thuma
Avoidance Actions, Fraudulent Transfers, Ponzi Scheme Issues, Standing     03/11/2013     Wagner v. Wilson     

In a case involving a Ponzi scheme, the Court found that: (1) VCR had an interest in the allegedly stolen funds; (2) the trustee had standing to pursue the fraudulent transfer claims; (4) the trustee’s claims were not barred by the doctrine of in pari delicto; and (4) the trustee sufficiently stated her claims.  The Court declined to address the stockbroker defense under 11 U.S.C. § 546(e) or the good faith defense under 11 U.S.C. § 548(c) in the context of a motion to dismiss.  Adv. No. 12-1142 (Bkrtcy.D.N.M. March 11, 2013).

Chief Judge Robert H. Jacobvitz
Discharge, Summary Judgment     03/05/2013     Century Bank v. Scheid     

Plaintiff seeks to have Defendants' discharge denied under 11 U.S.C. §§ 727(a)(3) and (a)(5).  Motion for summary judgment.

Judge David T. Thuma
Automatic Stay, Property of the Estate     02/25/2013     Jack D. Pickel     

Court denies motion for determination that automatic stay does not apply to pending litigation.

Judge David T. Thuma
Dismissal     01/30/2013     Michael Jacques Jacobs     

Court denies debtor's motion to vacate dismissal.

Judge David T. Thuma
Adversary Proceedings - Procedural Matters, Dischargeability     01/29/2013     Danbom v. Prewitt     

Plaintiffs allege that Defendant stole $12,496.37 from them by forging a joint insurance check, and asking that the debt be declared nondischargeable.  Defendant moved to dismiss the complaint for, inter alia, failure to state a viable claim.  The Court denies Defendant's motion to dismiss.
 

Judge David T. Thuma
Dischargeability, Summary Judgment     01/18/2013     Jacoby, et al v. Akbari-Shahmirzadi     

Plaintiff seeks to have Defendant's debt declared nondischargeable under, inter alia, 11 U.S.C. § 523(a)(4).  Plaintiff's motion for partial summary judgment includes 34 asserted facts and supporting evidence, non of which Defendant addressed in her response.  The Court elects to consider the facts undisputed, and concludes that the facts provide a sufficient evidentiary basis for judgment in Plaintiff's favor on the liability portion of its § 523(a)(4) claim.  The Court will grant the motion with respect to liability and hold a hearing on the amount of Plaintiff's claim that should be declared nondischargeable.   

Judge David T. Thuma
Waiver     01/18/2013     Galey v. Boydstun     

Plaintiff filed a motion to waive filing fee and submitted a signed declaration of facts and Information and an application to proceed in District Court without prepaying fees or costs.  The Court finds it should defer the filing fee in this adversary proceeding, but that if Plaintiff obtains a money judgment, she must pay the filing fees upon collection of any substantial portion thereof. 

Judge David T. Thuma
Avoidance Actions, Turnover     01/10/2013     Montoya v. Velasquez     

Addresses whether two alleged transfers from the Debtor to the Defendant can be recovered by the Chapter 7 trustee, either as fraudulent transfers, under a state law conversion theory, or by compelling their turnover pursuant to 11 U.S.C. § 542.

Judge David T. Thuma
Dischargeability     12/21/2012     Lastra v. United States of America et. al     

Cross motions for summary judgment on the dischargeability of certain federal income taxes.

Judge David T. Thuma

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