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
Chapter 13, Property of the Estate, Stay Violation     07/16/2018     Anissia Gonzales     

After confirmation of a chapter 13 plan, state taxing authority served a warrant of levy on the chapter 13 trustee, levying any amounts she owed to debtor's counsel for allowed fees. The trustee asked for instructions. The court held that on confirmation, estate property became debtor's property, so the taxing authority did not violate the automatic stay. Since the trustee held enough debtor property to pay counsel's approved attorney fees, the court ordered the trustee to pay the funds to the taxing authority, less an exemption amount provided for by the state tax levy statute.

Judge David T. Thuma
Nondischargeability     06/29/2018     Jose Jess Monge et al v. Francisco J. Jayme et al     

Plaintiffs' requested that Defendants' discharge be denied under sections 727(a)(2)(A) and/or (a)(4)(A). The Court concluded that Defendants made false oaths in their bankruptcy petition, schedules, and “SOFA” and gave false trial testimony, all about material facts, and with fraudulent intent. The Court therefore denied Defendants' discharge under §§ 727(a)(2)(A) and (4)(A).

Judge David T. Thuma
Relief from Judgment, Res Judicata     06/14/2018     Aquatic Pools, Inc.     

Count denied a motion to set aside, under Rule 60(b)(4) or (6), an order approving bankruptcy counsel's fee application, finding that there were not sufficient grounds to do so. The Court also opined that the fee order did not have res judicata effect on a dispute between debtor and counsel on advice given relating to procurement of insurance.

Judge David T. Thuma
Discharge, Dischargeability, Dismissal, Nondischargeability     05/04/2018     Dennis O'Brien v. Dennis William Montoya     

Defendant filed motion to dismiss Plaintiff's § 523(a)(2)(A) claim for failure to state a cause of action. Court denied the motion, finding Plaintiff's complaint sufficient to state a cause of action because the complaint contained each of four elements necessary under Tenth Circuit case law, including a "receipt of benefits" by way of fraud. 

Judge David T. Thuma
Avoidance Actions, Jurisdiction, Preference     04/23/2018     Yvette J. Gonzales v. Geer et al     

Defendant, who represented Debtor in her divorce, encumbered Debtor's house with an attorney charging lien to recover unpaid fees. The house was sold a month prior to bankruptcy. The Court ruled that (1) the Court has jurisdiction since the Rooker-Feldman doctrine does not apply, (2) the attorney charging liens were invalid, and (3) there are genuine fact issues about Debtor's solvency. 

Judge David T. Thuma
BAPCPA, Discharge, Equitable Remedies, Reaffirmation Agreements, Statutory Construction     04/17/2018     Jimmie L. Templin     

 Creditor filed motion to compel individual debtor to comply with sections 521(a)(2) and (6) of the Bankruptcy Code, and to delay entry of debtor's discharge until such compliance. The Court denied the motion on grounds that the Code, post-BAPCPA, provides specific remedies for debtors' noncompliance with section 521, and does not not provide explicit authority to compel compliance or delay entry of discharge.

Judge David T. Thuma
Property of the Estate, Trustee     02/28/2018     Clarke C. Coll v. Carla Franco et al     

Counterplaintiffs brought action against chapter 7 trustee under four separate counts (a quiet title claim, disparagement of title, civil conspiracy to disparage title, and for the imposition of a constructive trust). The trustee responded with a Motion to Dismiss the counterclaims, and the Court granted the Motion as to Counts Two, Three, and Four under the Barton doctrine and quasi-judicial immunity.

Judge David T. Thuma
Automatic Stay     02/20/2018     Edward Crespin and Janis Crespin     

Plaintiff sought relief from automatic stay to allow the state court to determine the total amount of punitive damages, costs, attorney’s fees, and interest owed by Debtors. The Court created eight new factors to determine whether or not to lift the stay. The Court concluded that there is insufficient cause to modify the automatic stay, because the Court can quickly determine the remaining issues and the claims allowance process is a core bankruptcy function.

Judge David T. Thuma
Exemptions     01/31/2018     Pedro Mendoza and Sandy M. Armijo     

Debtors moved to reopen their case to schedule a cause of action resulting from a car accident and exempt a post-petition settlement. Trustee objected to the exemption. The Court held that the failure to disclose was not texemphe result of excusable neglect. Therefore, Debtors will not be able to amend their Schedule C.

Judge David T. Thuma
Abstention, Remand     01/25/2018     Smith & Marrs, Inc., v. Hoskins Family Enterprises Inc., et al     

Debtor removed adversary proceeding from state court, after having filed its main chapter 11 case on the eve of trial. Debtor owned a working interest in oil and gas wells, and had no business operations, cash flow, employees, or bank accounts. Case was remanded under both mandatory and permissive abstention.

Judge David T. Thuma

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