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
Attorneys Fees, Fees, Professionals     09/20/2017     Hungry Horse, LLC     

Debtor's application to employ counsel was objected to by the Unsecured Creditors Committee for an increase in fees and for a fee defense provision. The Court will not rule on the reasonableness of Debtor's counsel proposed hourly rates, but takes the view that billing rates should remain constant throughout the bankruptcy case. Additionally, the Court would consider approving a fee defense provision.

Judge David T. Thuma
Discharge, Dischargeability, Nondischargeability     09/19/2017     Charles J. Davis v. Michael Adam Arellano     

Plaintiff sought to declare debt owed by Defendant nondischargeable under §§ 523(a)(4) and (a)(6). Court denied both claims and granted Debtor's discharge, finding evidence insufficient to support findings of "fraud or defalcation" under § 523(a)(4), or a "willful and malicious injury" under § 523(a)(6).

Judge David T. Thuma
Contract Interpretation, Waiver     08/31/2017     Los Alamos National Bank v. Lamey et al     

Creditor sought to establish Debtor’s liability under a guaranty.

Judge David T. Thuma
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
Attorneys Fees, Fees, Professionals     08/23/2017     Hungry Horse, LLC     

The Unsecured Creditors’ Committee and United States Trustee objected to Debtor’s counsel interim fee application on a number of grounds.  Court reduced fees for clerical work, and determined that a prior order apportioned only 50% of fees incurred in a certain adversary proceeding to Debtor. 

Judge David T. Thuma
Automatic Stay     08/17/2017     Anthony Ray Lucero     

Cause existed to grant relief from the automatic stay based on Debtor’s post-petition mortgage payment defaults.  Debtor could not successfully resist stay relief by proposing to pay the post-petition arrears on a new payment schedule, which would constitute an impermissible post-confirmation modification in contravention of the anti-modification clause found in § 1322(b)(2).  

Chief Judge Robert H. Jacobvitz
Automatic Stay     08/10/2017     JSS of Albuqurque, LLC.     

State of New Mexico’s state court action seeking to enforce various consumer protection statutes, including the NMUPA, fell within § 362(b)(4)’s exception to the automatic stay as a proper exercise of the State’s police or regulatory powers to the extent the State’s claims sought injunctive and/or declaratory relief to determine whether specific conduct violates the statutes, prevent statutory violations, and liquidate civil penalties for statutory violations. The State’s claims for restitution, disgorgement, and rescission, however, primarily adjudicated private rights and remained subject to the automatic stay. 

Chief Judge Robert H. Jacobvitz
Classification of Claims, Discharge Injunction, Dischargeability, Miscellaneous     08/08/2017     Debra Renee Chacon v. The Greenbriar Townhouses, Inc.     

Debtor argued that a debt to a housing cooperative, where she was a member, was unsecured and therefore discharged by the Court’s discharge order.  The Court concluded when the Occupancy Agreement, Articles, By-Laws, and Certificate are read together, the documents created a security interest in the Debtor’s membership.  The security interest “rode through” the bankruptcy case and survived discharge.

Judge David T. Thuma
Adversary Proceedings - Procedural Matters, Dismissal, Property of the Estate, Relief from Stay, Stay - Annulment     07/28/2017     Franco v. Franco et al     

Creditor sought annulment of the automatic stay, or a declaration that the automatic stay did not apply, to a quiet title action initiated post-petition on omitted assets.  Trustee sought dismissal of removed quiet title action, as void ab initio.  The Court declined to annul the stay, and declared the quiet title action void ab initio. 

Judge David T. Thuma
Discharge, Dischargeability, Nondischargeability     07/21/2017     Los Alamos National Bank v. Lamey et al     

Creditor sought to declare debt owed to it nondischargeable, or alternatively to deny Debtor’s discharge on multiple counts.  The Court denied debtor’s discharge under §§ 727(a)(2) and (a)(4) for concealing and omitting assets.

Judge David T. Thuma

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