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 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
Chapter 11, Dismissal or Conversion     09/15/2009     Melendez Concrete Inc.     

Dismissal or Conversion Under 11 U.S.C. §1112(b) - 2009 WL 2997920 (Bankr.D.N.M. 2009, J. Jacobvitz)

Chief Judge Robert H. Jacobvitz

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