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
Miscellaneous     09/28/2011     In re The Vaughan Company, Realtors     

Discussion of attorney-client privilege, burdens of proof, relationship between individual officer and corporate matters, work product rule, 5th Amendment issues

Judge James Starzynski
Discharge     09/16/2011     Bishop v. Mulholland     

A large number of material misstatements, inconsistencies, and omissions in debtors' Schedules and Statement of Financial Affairs culminate in finding of requisite knowledge and fraudulent intent that rises to the level of a "false oath" under 11 U.S.C. § 727(a)(4). Discharge was thusly denied.  2011 WL 4352293 (Bankr.D.N.M. 2011 J. Jacobvitz)

Chief Judge Robert H. Jacobvitz
Summary Judgment     09/06/2011     AG New Mexico, FCS, ACA v. Borges (In re Joe Bettencourt Borges and Maria Rocha Borges)     

Summary judgment regarding related creditors collective security interests on assets of debtor.  2011 WL 4101096.

Judge James Starzynski
Stay Violation     09/02/2011     Kline v. Deutsche Bank National Trust Co. et al     

Failure to re-serve an amended state court case complaint after the termination of the automatic stay (having previously served the amended complaint in technical violation - but without actual knowledge -of the automatic stay) does not constitute a willful violation of the automatic stay. 2011 WL 3879485 (Bankr.D.N.M. 2011 J. Jacobvitz).

Chief Judge Robert H. Jacobvitz
Adversary     09/01/2011     MV Industries, Inc. v. Hernandez (In re Christopher C. Hernandez and Angelica A. Hernandez)     

Rule 9 - must plead fraud with specificity. Complaint must specify actifity that was wilful and malicious.  Deffamation has nine elements and plaintiff must specifically identify the defamatory statements.  After one receives payment on a receivable, one cannot convert the money because the recipient now owns the property.  One cannot convert one's own money.  In re Romero, 535 F.2d 618 (10th Cir. 1996) protects owners who advance funds to contractors, not contractors who advance money to subcontractors.  2011 WL 3879496.

Judge James Starzynski
Administrative Claims     08/29/2011     William F. Davis & Associates, P.C. v. Caplan (In re J.R. Hale Contracting Co., Inc.)     

Section 724(b).  Administrative claimant asserts priority over perfected tax liens.  465 B.R. 218.

Judge James Starzynski
Relief from Stay     08/29/2011     Thomas Francis Young and Consuela Angelina Young     

Summary judgment denying a motion for relief from stay under 11 U.S.C. § 362(d)(1) and (2) wherein the debtor had equity in the collateral and withdrawals from a family-owned LLC were held to meet the business judgment standard. Additional money caused to be set aside for tax purposes in order to adequately protect secured creditor.  2011 WL 3799245 (Bankr.D.N.M. J. Jacobvitz August 29, 2011).

Chief Judge Robert H. Jacobvitz
Dischargeability     08/26/2011     Folson Farm Corp. v. Casey (In re Shannon Patrick Casey and Shawna Casey)     

Perishable Agricultural Commodities Act, PACA, 7 USC section 499, creates a trust for which debtor is a fiduciary under section 523(a)(4).  Segregation of funds not required.  2011 WL 3799243.

Judge James Starzynski
Chapter 13     08/25/2011     In re Johnathan Eugene Moberg and Jessica Diane Moberg     

Discussion of party in interest and standing to object to confirmation of chapter 13 plan.  2011 WL 3745889.

Judge James Starzynski
Discharge     08/15/2011     Carol Ferri     

The best interests of creditors is not the only factor the Court must consider when ruling on a debtor's motion for waiver of discharge under 11 U.S.C. § 727(a)(10). Some other factors include the potential for expensive duplicative litigation in multiple fora, whether the creditors are seeking a monetary judgment, and whether continuing proceedings would result in expensive litigation.  2011 WL 3962117 (Bankr.D.N.M. 2011 J. Jacobvitz)

Chief Judge Robert H. Jacobvitz

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