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
Dischargeability, Nondischargeability     09/22/2014     Bates v. Siggins     

Plaintiff sought judgment of nondischargeability for fraud in connection with debtor's sale of a horse.  The court found that plaintiff failed to carry his burden of proving that debtor knew of the horse's health problems before the sale.

Judge David T. Thuma
Cause, Collateral Estoppel, Dismissal or Conversion     09/17/2014     Picaho Hills Utility Company, Inc.     

Creditors and U.S. Trustee's office moved to convert chapter 11 case to chapter 7 under 1112(b).  The court concluded that cause existed for conversion, including a lack of need for reorganization, pre-petition misconduct, and the debtor's unwillingness to investigate potential preferential or fraudulent transfers.

Judge David T. Thuma
Adversary, Dischargeability, Nondischargeability     09/12/2014     Duff et al v. Ayala     

Plaintiffs sought to have debt declared nondischargeable under 523(a)(6). The court held that based on the evidence presented at trial,  Plaintiffs failed to prove that Debtor's conduct was willful and malicious and therefore the debt was entitled to discharge.

Judge David T. Thuma
Adversary, Cause, Chapter 11, Dismissal or Conversion     09/09/2014     Sunnyland Farms, Inc.     

Creditors filed a motion to convert Debtor's Chapter 11 case to a case under Chapter 7.  The Court denied Creditors' motion for failure to establish that cause for conversion existed under 11 U.S.C. 1112(b).

Judge David T. Thuma
Adversary Proceedings - Procedural Matters, Dismissal, Limitation of Actions, Nondischargeability     08/29/2014     Barrazo v. Carter     

Creditor filed an objection to dischargeability by motion rather than complaint.  Debtor moved to dismiss the action because it was not properly brought, because the filing fee was paid late, and because the summons was not served on debtor's counsel.  The court reviewed and facts and the case law and determined that the motion should be denied, but that creditor should be required to file an amended complaint.
 

Judge David T. Thuma
Contract Interpretation, Proof of Claim     08/20/2014     Picaho Hills Utility Company, Inc.     

Debtor objected to creditor's proof of claim, arguing that its obligation to creditor was not enforceable due to prior ruling of the New Mexico Public Regulation Commission.  After examining the parties’ agreement and the Commission’s ruling, the Court overruled Debtor’s objection.proofpro

Judge David T. Thuma
Adversary Proceedings - Procedural Matters, Agency Liability, Summary Judgment     08/06/2014     Clark v. Envoy Mortgage, Ltd.     

"Debtor asserted claims against loan broker/lender for breach of contract, negligence, and violation of the Unfair Trade Practices Act, all based on defendant's failure to close a reverse mortgage loan.  Defendant moved for summary judgment on all counts, alleging no material facts in dispute.  The court ruled that numerous disputed facts prevented entry of summary judgment.  The court also ruled, however, that plaintiff should amend her complaint to cure a number of pleading deficiencies."

Judge David T. Thuma
Collateral Estoppel, Dischargeability, Nondischargeability, Summary Judgment     07/30/2014     Baldwin v. Phillips     

Creditor sought a determination that debtor's obligations to him were nondischargeable under Sec. 523(a)(5) or (a)(15).  The court granted summary judgment on the nondischargeability issue, based on the undisputed fact that the judgments were entered by the state court in connection with the divorce proceeding between creditor and debtor.  The court reserved judgment in two discrete areas on the amount of the claim.

Judge David T. Thuma
Collateral Estoppel, Confirmation, Res Judicata, Summary Judgment     07/21/2014     Angela R. Parra     

Debtor's ex-husband objected to debtor's chapter 13 plan, arguing inter alia that his claim is a priority claim (domestic support obligation) in an amount sufficient to require denial of plan confirmation. Debtor argued that the claim was a general unsecured claim.  Ex-husband filed a motion for summary judgment on the priority issue, attaching a ruling from the state court on the issue.  Debtor did not respond.  The court held that the state court judgment did not satisfy the requirements of issue or claim preclusion, so the summary judgment motion could not be granted.

Judge David T. Thuma
Miscellaneous     07/08/2014     Roman Catholic Church of the Diocese fo Gallup, Jointly Administered with Bishop of the Roman Catholic Church of the Diocese of Gallup     

Debtor sought Rule 2004 exam of third party's financial statements and insurance coverage, as well as similar information for alleged affiliates.  The court allowed the debtor to obtain insurance information from the third party, and to obtain certain financial information.that appeared to be publicly available.  The court denied the other requested relief.

Judge David T. Thuma

Pages