Opinions
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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 11, Due Process, Injunctions | 05/23/2016 | Cady Landrum v. Otero County Hospital Association |
On cross motions for summary judgment, the Court determined that 1) the language in the Debtor-Hospital’s confirmed Chapter 11 plan was broad enough to enjoin claims against former employees of the Debtor-Hospital relating to claims against the Debtor-Hospital and has res judicata effect even if such third-party injunction is contrary to the requirements of the Bankruptcy Code; 2) that Plaintiff received actual notice of the commencement of the bankruptcy case, the hearing on confirmation of the Chapter 11 plan, and the deadline for filing administrative claims; and 3) fact issues concerning whether the content of the notice was sufficient to satisfy due process and bind plaintiff to the injunction contained in the Confirmed Chapter 11 plan precluded summary judgment. |
Chief Judge Robert H. Jacobvitz | |
| Cause, Chapter 11, Dismissal | 02/05/2016 | Sandia Resorts, Inc. |
Court dismissed Chapter 11 bankruptcy case for “cause” under 11 U.S.C. § 1112(b), finding that the debtor’s second chapter 11 case filed for the purpose of restructuring debt with its principal lender that had already been restructured through a substantially consummated plan in a prior chapter 11 case was an impermissible attempt to circumvent the prohibition against post-substantial consummation modifications contained in 11 U.S.C. § 1127. None of the justifications the debtor offered in support of its good faith in filing its second chapter 11 case were sufficient to fall within the generally recognized exception of unforeseeable or unanticipated changed circumstances that affect a debtor’s ability to perform under a confirmed plan in a prior Chapter 11 case. None of the other recognized exceptions applied. |
Chief Judge Robert H. Jacobvitz | |
| Chapter 11, Confirmation | 12/21/2015 | The Vaughan Company Realtors |
On objection to confirmation by certain restitution claimants, defrauded investors in the debtor’s Ponzi scheme, the Court denied confirmation of Chapter 11 plan proposing a “rising tide” distribution method whereby pre-petition distributions to defrauded investors are treated as distributions from the estate in an effort to equalize distributions between earlier defrauded investors who received a greater return on their principal investment and later defrauded investors who received little or nothing before the bankruptcy filing because the plan did not comply with the requirements of § 1123(a)(4), which requires “same treatment” of claims within a class. The plan also failed to satisfy the “best interest of creditors test” under § 1129(a)(7) with respect to rejecting creditors. |
Chief Judge Robert H. Jacobvitz | |
| Automatic Stay, Chapter 11 | 05/17/2012 | Xtra Petroleum Transport, Inc. v. Brad Hall & Associates, Inc |
Discussion about whether the automatic stay applies to property which is not property of the estate. --B.R.--, 2012 WL 1804991 (Bankr.D.N.M. J.Jacobvitz 2012). |
Chief Judge Robert H. Jacobvitz | |
| Chapter 11 | 05/04/2012 | Cottonwood Corners Phase v LLC |
A debtor is required to include post-petition, pre-confirmation interest arrears as part of a secured creditor's claim, and to pay interest on such arrears, in order to satisfy 11 U.S.C. § 1129(b)(2)(A)(iii). Case no. 11-12663-j11 (Bankr.D.N.M. J.Jacobvitz 2012). |
Chief Judge Robert H. Jacobvitz | |
| Chapter 11 | 02/17/2012 | Cottonwood Corners Phase V, LLC, a New Mexico limited liability company |
Another In re Cottonwood Corners Phase V LLC opinion discusses a number of confirmation issues, including: whether a claim is impaired or cured under § 1124; the doctrine of artificial impairment; how to calculate interest rates under the Supreme Court case Till v. SCS Credit Corp. , 541 U.S. 465 (2004); cramdown, generally; some effects of Stern v. Marshall , 131 S.Ct. 2594 (2011); and plan feasibility. Case No. 11-12663-j11 (Bankr.D.N.M. J.Jacobvitz 2012). |
Chief Judge Robert H. Jacobvitz | |
| Chapter 11 | 08/12/2011 | Platinum Oil Properties, LLC |
A confirmed Chapter 11 plan is binding on all parties described in 11 U.S.C. § 1141(a) who received proper notice. Sovereign immunity is abrogated thereunder as well, pursuant to 11 U.S.C. § 106(a)(1). Additionally, under 11 U.S.C. § 1123(a)(5), applicable nonbankruptcy laws that would interfere with a debtor's means for implementing a plan can be preempted, although this area of law is unsettled. 2011 WL 3585828 (Bankr.D.N.M. 2011 J. Jacobvitz). |
Chief Judge Robert H. Jacobvitz | |
| Chapter 11 | 02/08/2011 | Robert Joseph Podzemny and 7-H Cattle Feeders, Inc. |
Use of Cash Collateral - Court authorizes debtor in possession to use cash collateral to develop irrigation on new farm; plant, cultivate and harvest crop on existing irrigated farmland; and acquire, graze and care for cattle. 2011 WL 576591 (Bankr.D.N.M. Feb. 8, 2011, J. Jacobvitz). |
Chief Judge Robert H. Jacobvitz | |
| Chapter 11 | 01/07/2010 | Brenda Price |
Automatic Stay Post Confirmation - Case No. 05-10321 (Docket No. 374) (Bankr.D.N.M. 01/07/10, J. Jacobvitz) |
Chief Judge Robert H. Jacobvitz | |
| Chapter 11 | 12/23/2009 | Platinum Oil Properties, LLC |
Retention of Professionals - No Adverse Interest and Rule 2014(a) Requirements - 2009 WL 5201851(Bankr.D.N.M. 2009, J. Jacobvitz) |
Chief Judge Robert H. Jacobvitz |