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
Discrimination, Fees     05/10/2019     David Wayne Jackson     

The debtor objected to the Chapter 7 Trustee’s fees asserting that the Chapter 7 Trustee should not be awarded any compensation because of his alleged mishandling of the estate and mistreatment of the debtor because of his race. The Chapter 7 trustee properly and reasonably relied on the real estate broker to market and sell non-exempt unencumbered real property, and the sales price ultimately obtained was consistent with the realtor’s recommendations and the debtor’s valuation of the property listed in his bankruptcy schedules.  The Court found no evidence of racism and approved the requested fees in accordance with §326.

 

Chief Judge Robert H. Jacobvitz
Dischargeability     05/03/2019     Adrianne Anaya v. Amalio J. Cardoza and Gloria Inez Cardoza,     

The Court denied Defendants’ motion to dismiss or for more definite statement. Complaint arising from an alleged dog attack sufficiently stated a plausible claim for non-dischargeability of debt under 11 U.S.C. § 523(a)(6) based on willful and malicious injury.  

Automatic Stay, Discharge Injunction     05/03/2019     Danielle D. Bridge     

Debtor is an OB/GYN accused of medical malpractice. Creditors moved to lift automatic stay to pursue state court litigation against the Debtor and the hospital where malpractice allegedly occurred. Court denied relief from the automatic stay, as to Debtor, but noted that creditors could still pursue the hospital.

 

Judge David T. Thuma
Chapter 13     04/30/2019     Sharon L. Pettit     

Debtor filed a motion for an order that its mortgagee could not charge for certain attorney fees incurred after her chapter 13 case was filed and must instead apply all payments received post-petition in accordance with the confirmed chapter 13 plan.  The mortgagee countered that the Debtor’s arguments lacked merit because the case was converted to chapter 7 before plan completion. The Court concluded that the mortgagee acted within its right because of the conversion to chapter 7 before plan completion.

Judge David T. Thuma
Redemption, Valuation     04/18/2019     Ruben R. Maynes, Jr. and Donna L. Maynes,     

After determining that the proper time for fixing redemption value under 11 U.S.C. § 722 is the petition date rather than the date of the valuation hearing, the Court fixed the value of the debtor’s truck for redemption purposes. 

Chief Judge Robert H. Jacobvitz
Automatic Stay, Removal     03/25/2019     CAshco Inc., a New Mexico Corporation     

The Court determined that the automatic stay does not apply to the removal of a state court action to the bankruptcy court.  Once removed to the bankruptcy court, the automatic stay applies to the continued litigation in the adversary proceeding, other than filing a motion for remand and/or abstention. 

 

Evidence     03/21/2019     Katheryn Ramona Esquibel     

The Court granted a motion seeking to exclude from the final hearing on an objection to claim any evidence that the claimant allegedly engaged in tortious conduct, acted unethically, or committed other wrongdoing in representing the debtor in a prior state court action. The Court also refused to consider whether the New Mexico District Court or the New Mexico State Court of Appeals engaged in judicial misconduct or made a mistake of law. 

Chief Judge Robert H. Jacobvitz
Appeals     03/12/2019     Manuela Q. Franco     

Creditor filed a motion to extend the time to appeal arguing excusable neglect.  After reviewing the motion and the facts of the case, the Court concluded that excusable neglect had not been shown and denied the motion.

Judge David T. Thuma
Avoidance Actions, Judicial Liens - Avoidance     02/11/2019     Teresa Christine Tapia     

Debtor brought motion to avoid a judgment lien on her house to the extent that it impaired her homestead exemption.  Judgment creditor countered that his lien did not attach to the homestead exemption, did not impair it, and therefore could not be avoided.  The Court found that the judgment lien did attach to the homestead exemption and that the judgment lien impaired Debtor’s homestead exemption and was subject to avoidance.

 

Judge David T. Thuma
Jurisdiction     02/08/2019     Sunnyland Farms, Inc.     

Debtor and creditor disagreed about Debtor’s proposed merger with another corporation.  Debtor asked the Court to enforce a provision of its bylaws that allegedly required creditor to arbitrate a dispute.  The Court concluded that it lacked jurisdiction to compel arbitration.  

Judge David T. Thuma

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