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.
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 | |
|---|---|---|---|---|---|
| Adversary | 10/05/2011 | Dill v. Brad Hall & Associates, Inc. (In re Indian Capitol Distributing, Inc.) |
Trustee lacked constitutional standing to pursue unauthorized postpetition transfers because there was no damage. Court refuses to follow Marathon Petroleum Co. v. Cohen (In re Delco Oil, Inc.), 599 F.3d 1255 (11th Cir. 2010), which has same basic fact pattern. Federal Court jurisdiction. Article III. Case or controversy. Standing. Need to allege actual injury traceable to defendant that may be redressed by a favorable ruling. 2011 WL 4711895. |
Judge James Starzynski | |
| Dischargeability | 10/05/2011 | Honeywell v. Holdsworth-Uddoh (In re Joan Holdsworth-Uddoh) |
Dischargeability. Section 523. Embezzlement of gold coins. Collateral estoppel of state court judgment. 2011 WL 4711909. |
Judge James Starzynski | |
| Preference | 09/29/2011 | Dill v. Michael P. Mataya Revocable Trust (In re Indian Capitol Distributing, Inc.) |
Post-petition transfer. section 549. 2011 WL 4543957. |
Judge James Starzynski | |
| Turnover | 09/29/2011 | Dill v. Mataya (In re Indian Capitol Distributing, Inc.) |
Turnover action. section 542. 2011 WL 4543954. |
Judge James Starzynski | |
| Fraudulent Transfers | 09/29/2011 | Dill v. Mataya (In re Indian Capitol Distributing, Inc.) |
Post-petition transfer. section 549. 2011 WL 4547356. |
Judge James Starzynski | |
| Miscellaneous | 09/28/2011 | In re The Vaughan Company, Realtors |
Discussion of attorney-client privilege, burdens of proof, relationship between individual officer and corporate matters, work product rule, 5th Amendment issues |
Judge James Starzynski | |
| Discharge | 09/16/2011 | Bishop v. Mulholland |
A large number of material misstatements, inconsistencies, and omissions in debtors' Schedules and Statement of Financial Affairs culminate in finding of requisite knowledge and fraudulent intent that rises to the level of a "false oath" under 11 U.S.C. § 727(a)(4). Discharge was thusly denied. 2011 WL 4352293 (Bankr.D.N.M. 2011 J. Jacobvitz) |
Chief Judge Robert H. Jacobvitz | |
| Summary Judgment | 09/06/2011 | AG New Mexico, FCS, ACA v. Borges (In re Joe Bettencourt Borges and Maria Rocha Borges) |
Summary judgment regarding related creditors collective security interests on assets of debtor. 2011 WL 4101096. |
Judge James Starzynski | |
| Stay Violation | 09/02/2011 | Kline v. Deutsche Bank National Trust Co. et al |
Failure to re-serve an amended state court case complaint after the termination of the automatic stay (having previously served the amended complaint in technical violation - but without actual knowledge -of the automatic stay) does not constitute a willful violation of the automatic stay. 2011 WL 3879485 (Bankr.D.N.M. 2011 J. Jacobvitz). |
Chief Judge Robert H. Jacobvitz | |
| Adversary | 09/01/2011 | MV Industries, Inc. v. Hernandez (In re Christopher C. Hernandez and Angelica A. Hernandez) |
Rule 9 - must plead fraud with specificity. Complaint must specify actifity that was wilful and malicious. Deffamation has nine elements and plaintiff must specifically identify the defamatory statements. After one receives payment on a receivable, one cannot convert the money because the recipient now owns the property. One cannot convert one's own money. In re Romero, 535 F.2d 618 (10th Cir. 1996) protects owners who advance funds to contractors, not contractors who advance money to subcontractors. 2011 WL 3879496. |
Judge James Starzynski |