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 Opinions Database
The court's 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, Confirmation | 03/22/2010 | In re James E. and Meredith A. Cleaver |
Chapter 13 confirmation, 1325, disposable income, income tax refunds, retirement loan repayments, court ordered payments, telecommunications services, education expenses, additional food and clothing expenses. 426 B.R. 390 |
Judge James Starzynski | |
| Summary Judgment | 03/18/2010 | Wright v. Vanderbilt Mortgage and Finance, Inc. |
Adversary No. 09-1048 (Docket No. 59) (Bankr.D.N.M. 03/18/10, J. Jacobvitz) |
Chief Judge Robert H. Jacobvitz | |
| Attorneys Fees | 03/12/2010 | Wilma G. Romero |
The Court reduced the hourly rate for chapter 13 debtor's counsel from $250 to $200 - 2010 WL 964209 (Bankr.D.N.M. 2010, J. Jacobvitz) |
Chief Judge Robert H. Jacobvitz | |
| Waiver | 03/12/2010 | Jean Draper |
Acceptance of payment after expiration of the cure period waived right to terminate a real estate contract based on failure to cure by timely making the payment that was accepted. 2010 WL 963987 (Bankr.D.N.M. 2010, J. Jacobvitz) |
Chief Judge Robert H. Jacobvitz | |
| Trustee | 03/11/2010 | In re Harry Carlton Wiley and Virginia Ruth Wiley |
Elements trustee must show to compromise under rule 9019. 2010 WL 964082 |
Judge James Starzynski | |
| Administrative Claims | 03/11/2010 | In re Joe Thomas Turner and Ru Than Turner |
IRS administrative tax claims, sections 507, 503. 2010 WL 964199 |
Judge James Starzynski | |
| Stay - Annulment | 03/04/2010 | Kline v. Deutsche Bank National Trust Co. et al |
Annulment of stay denied when sought solely to defeat a claim for damages for willful violation of the stay. USBC, DNM, Adversary No. 09-1035 (Bankr. D.N.M., 03-04-2010, J. Jacobvitz) |
Chief Judge Robert H. Jacobvitz | |
| Chapter 13, Confirmation | 03/02/2010 | In re Michael and Ramona Keenan |
Cannot modify plan to create a subordinated class after confirmation of 13 plan. In chapter 13, debtors lack standing to raise subordination. Subordination requires adversary proceeding. 2010 WL 780098 |
Judge James Starzynski | |
| Exemptions | 02/24/2010 | Matthew James Channon |
Court denies objection to claim of exemption. The objection was based on conversion of nonexempt assets to exempt form (a Roth IRA) shortly prior to commencement of the chapter 7 case while a creditor was in hot pursuit. 424 B.R. 895 (Bankr. D.N.M. 2010, J. Jacobvitz) |
Chief Judge Robert H. Jacobvitz | |
| Sanctions | 02/23/2010 | McCabe v. Harmes (In re Richard Harmes) |
Rule 9011 sanctions imposed against defendant in 523 action for attempting to reopen case and set aside default judgment without just cause. Sanction not limited to attorney fees expended. 423 B.R. 678 |
Judge James Starzynski |