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
Avoidance Actions, Summary Judgment     01/25/2019     Dedee Diana Brakhahn v. Marvin and Linda Nash et al     

Plaintiff sought to avoid Defendant’s unrecorded special master’s deed to Plaintiff’s former homestead.  Defendant argued that a bona fide purchaser would be on notice of the foreclosure action because the lien at issue was a transcript of judgment.  The Court ruled that the transcript of judgment was sufficient to put a bona fide purchaser on notice.

 Judge David T. Thuma
Adversary Proceedings - Procedural Matters, Relief from Judgment, Statutory Construction     01/17/2019     Sandia Area Federal Credit Union v. Charles A. Fiorenza et al     

Plaintiff in adversary proceeding moved to revive a default judgment that was more than seven, but less than 14 years old. Defendant Debtor argued revival was inappropriate because it was a satisfied in rem judgment and that enforcement was inequitable under F.R.C.P. 60(b)(5). The Court held that revival was appropriate and overruled Debtor’s argument.

 Judge David T. Thuma
Reconsideration     12/21/2018     Dawn Marie Davide and Christopher Lee Luttrell     

Debtors asked the court to reconsider an order approving their counsel’s final fee application.  Since the fee order was a final order, the court reviewed it under Rule 60.  The Court determined that the Debtors’ motion did not state a claim for relief under Rule 60 and denied the Debtors’ motion to reconsider.

 Judge David T. Thuma
Automatic Stay, Relief from Stay     12/12/2018     MBF Inspection Services, Inc.     

Parties sought relief from automatic stay so that they could return to federal district court and pursue a pending class action lawsuit.  The court weighed the relevant factors and determined that it would deny stay relief, subject to certain conditions.

 Judge David T. Thuma
Adversary, Dischargeability, Nondischargeability, Res Judicata     12/07/2018     WLC Enterprises, Inc. v. Walter F. Rylant, III     

 Plaintiff filed an adversary proceeding seeking a determination of nondischargeability of  a state court judgment for breach of contract.  The Court determined that Debtor's state court judgment was nondischargeable under § 523(a)(6) and that the findings and conclusions of the state court judge did not preclude a finding of nondischargeability.  

 Judge David T. Thuma
Adversary, Dischargeability, Nondischargeability, Res Judicata     12/07/2018     WLC Enterprises, Inc. v. Walter F. Rylant, III     

Plaintiff filed an adversary proceeding seeking a determination of nondischargeability of  a state court judgment for breach of contract.  The Court determined that Debtor's state court judgment was nondischargeable under § 523(a)(6) and that the findings and conclusions of the state court judge did not preclude a finding of nondischargeability.  

 Judge David T. Thuma
Employment of Professionals, Judicial Estoppel, Professionals     12/07/2018     Victor P. Kearney     

Debtor moved to employ the Dotson Law Firm, located in Nevada. The Dotson Law Firm had already filed a lawsuit in Nevada on behalf of the Debtor. The Court noted there was significant (estimated $1 million) administration costs, a small likelihood of any benefit to the estate, and that dismissal of the Nevada suit was highly probable. Thus, the Court denied the motion to employ.

 Judge David T. Thuma
Adversary, Damages, Nondischargeability, Punitive Damages     11/27/2018     Emily Nelson v. Joshua Daven Bolles     

Plaintiff filed an adversary proceeding seeking damages for the Defendant transmitting Herpes to her. The Court determined that the Defendant committed fraud and civil battery by lying to the Plaintiff, telling her he was not a carrier of any sexually transmitted disease, in order to convince her to sleep with him. The Court entered a money judgment, holding the debts to be nondischargeable under §523(a)(6). 

 Judge David T. Thuma
Implied Contract, Turnover, Unjust Enrichment     10/25/2018     Edward Mazel, Chapter 7 Trustee v. Lovelace Health System, Inc., Individually and d/b/a Heart Hospital of New Mexico at Lovelace Medical Center     

An action for turnover of a debt under 11 U.S.C. § 542(b) is limited to a presently payable undisputed debt. It is inappropriate to liquidate a breach of contract or unjust enrichment claim by a turnover motion.

 

 Chief Judge Robert H. Jacobvitz
Property of the Estate, Remand, Standing, Turnover     10/24/2018     New Mexico Health Care Assn., Inc. v. Plaza De Retiro Inc. et al     

Plaintiff filed an interpleader action in state court, seeking determination of the proper recipients of a fund of money.  Defendant removed the action and filed a motion for turnover of the fund.  Another Defendant objected to turnover and sought remand, arguing that the case had been closed for three years, so the court lacked jurisdiction.  The court determined that it did have jurisdiction, granted the motion for turnover, and denied the motion to remand.

 Judge David T. Thuma

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