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 Proceedings - Procedural Matters, Valuation     03/19/2013     Matilde Flores Hamilton     

Motion for relief from order granting motion for valuation of collateral. 

Judge David T. Thuma
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
Employment of Professionals     03/06/2013     First State Bancorporation     

Trustee was prohibited from retaining as special litigation counsel a law firm that also represented a creditor.   Dual representation of a creditor in the bankruptcy case and the trustee in special litigation against another creditor of the estate constituted a disqualifying conflict.   Application of 11 U.S.C. § 327. 2013 WL 823414 (Bankr.D.N.M. March 6, 2013); Case No. 7-11-11916 JA – Docket 157

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
Confirmation, Good Faith     02/11/2013     Kenneth D. Rodriguez     

Debtor’s pre-petition wrongdoing during pendency of prior Chapter 11 bankruptcy case was insufficient to demonstrate that the debtor’s current Chapter 13 case was not filed in good faith.   Confirmation will not be denied based on debtor’s lack of good faith in filing his petition, but plan as proposed was not filed in good faith.  Debtor was not entitled to continuation of automatic stay, but termination of stay under § 362(c)(3)only applies to the debtor and to property of the debtor; property of the estate remains protected.  487 B.R. 275 (Bankr. D.N.M. 2013); Case No. 13-12-12381 JA – Docket No. 100.

Chief Judge Robert H. Jacobvitz
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
Collateral Estoppel, Relief from Judgment     01/22/2013     Krietzberg v. Mucci     

Defendant sought relief from judgment after the one-year limitation period under Rule 60(b) had expired.   The catchall provision of Rule 60(b)(6) may not be used to seek relief from judgment based on alleged fraudulent conduct.   Nor could defendant satisfy the requirements for obtaining relieve through an “independent action” under Rule 60(b)(6) and 60(d)(3).   Plaintiffs could not rely on non-mutual defensive collateral estoppel to bar debtor from asserting a claim for breach of settlement agreement.  488 B.R. 186 (Bankr. D.N.M. 2013); Case No. 7-09-11609 JA;AP No. 09-1098 – Docket No. 91.

Chief Judge Robert H. Jacobvitz

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