Opinions
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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.
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| Keywords/Topic | Date | Title | Description | Judge | |
|---|---|---|---|---|---|
| Appeals, Dismissal | 08/30/2017 | Cynthia Moya |
The Court denied the debtor’s motion for stay pending appeal of the order dismissing the debtor’s bankruptcy case, finding that the debtor failed to show a likelihood of success on appeal. Debtor did not file a timely objection to the motion to dismiss her case despite having received notice of the objection deadline. Debtor’s motion for stay pending appeal addressed only one of the trustee’s grounds for dismissal. Debtor also failed to satisfy the irreparable harm requirement necessary to obtain a stay pending appeal. |
Chief Judge Robert H. Jacobvitz | |
| Adversary Proceedings - Procedural Matters, Dismissal | 11/16/2016 | Martinez v. Jaffer |
After defendant filed a motion to dismiss under Fed.R.Civ.P. 12(b)(6), Plaintiff filed an amended complaint as a matter of right under Fed.R.Civ.P. 15(a)(1). Because the amended complaint superceded the original complaint, the motion to dismiss sought to dismiss a complaint that was no longer in effect. The Court therefore denied the motion to dismiss without prejudice. |
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 | |
| Dismissal, Good Faith | 12/28/2012 | Robert H. Quinn, Jr. and Stephanie S. Quinn, |
A debtor’s pre-petition and post-petition good faith is relevant to the determination of whether a Chapter 7 case may be dismissed for “cause” under § 707(a). Trustee could not use motion to dismiss under § 707(a) as a substitute for filing a motion to convert. 490 B.R. 607 (Bankr. D. N.M. 2012); Case No. 7-12-10079 JA – Docket No. 113. |
Chief Judge Robert H. Jacobvitz | |
| Dismissal | 05/23/2012 | Jean-Pierre Schafroth and Gertrud Schafroth |
A debtor does not have an absolute right to dismiss a voluntary Chapter 7 case. Whether dismissal should be granted falls within the Court's sound discretion. Case No. 11-13685-j7 (Bankr.D.N.M. J.Jacobvitz 2012). |
Chief Judge Robert H. Jacobvitz | |
| Dismissal | 02/15/2011 | Titus William Linville and Shannon Marie Linville |
Dismissal for Abuse - 11 U.S.C. § 707(b). Above median-income debtors whose actual mortgage payment was greater than the IRS local standards could not take both deductions and could not claim college expenses of adult children as an allowable expendse deduction under the means test. Payment of adult children's college expenses did not constitute a "special circumstance" sufficient to rebut the presumption of abuse. Court gives debtors an opportunity to convert to Chapter 13. 446 B.R. 522 (Bankr.D.N.M. 2011, J. Jacobvitz). |
Chief Judge Robert H. Jacobvitz | |
| Credit Counseling, Dismissal | 12/14/2009 | Tanner Steven Crawford and Tillie Marie Crawford |
Credit Counseling Taken Outside the 180-Day Period. 420 B.R. 833 (Bankr.D.N.M. 2009, J. Jacobvitz) |
Chief Judge Robert H. Jacobvitz | |
| Dismissal | 11/13/2009 | Rosetta Gray |
Third Chapter 13 Case Dismissed Without Prejudice. 2009 WL 3849710 (Bankr.D.N.M. 2009, J. Jacobvitz) |
Chief Judge Robert H. Jacobvitz |