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 | |
|---|---|---|---|---|---|
| Automatic Stay, Stay Violation | 01/30/2017 | Clyde Lovato |
The Court denied the debtor’s request to strike creditor’s motion for relief from stay, rejecting debtor’s argument that the creditor’s post petition recordation of an assignment of mortgage was void ab initio and violated the automatic stay. The post-peptition transfer of an existing pre-petition mortgage and note, including the recording of an assignment of mortgage in the real property records, does not violate the automatic stay because it does not transfer the debtor’s property or property of the estate. Such transfer does not constitute an act to perfect, create, or enforce a lien against the debtor’s property or property of the bankruptcy estate. |
Chief Judge Robert H. Jacobvitz | |
| Automatic Stay, Standing | 11/30/2016 | Susan Murphey |
Bank that obtained a judgment of foreclosure, acquired title to the property by special master’s deed, and obtained an order confirming the special master’s sale in state court before the filing of Debtor’s bankruptcy petition had standing as a party in interest to seek relief from the automatic stay. Debtor, who was not the mortgagor, held only a possessory interest in the property as of the petition date. The Court granted relief from the automatic stay to permit the Bank to return to state court to exercise its rights in the property. |
Chief Judge Robert H. Jacobvitz | |
| Automatic Stay, Chapter 11 | 09/30/2016 | Daniel Jaramillo |
The Court denied the debtor’s request to set aside a default order granting stay relief, finding that the anti-modification provision under § 1123(b)(5) prevented the debtor from seeking to restructure the loan through a Chapter 11 plan. There was no other evidence before the Court that the debtor would be able to sell the property to a third party to pay off the loan. |
Chief Judge Robert H. Jacobvitz | |
| Automatic Stay, Stay Violation | 03/14/2016 | Bartolo Montoya |
Debtor sought damages against the Pueblo of Isleta Tax Administration based on an alleged willful stay violation. The Court held that the tax lien order entered in tribal court after debtor filed a voluntary Chapter 7 petition violated 11 U.S.C. § 362(a)(1) and was void ab initio, even though the order imposing the tax lien included a provision recognizing and respecting the existence of the automatic stay; debtor failed to meet his burden of proving any actual damages; and the circumstances did not warrant imposition of punitive damages. |
Chief Judge Robert H. Jacobvitz | |
| Automatic Stay, BAPCPA, Reaffirmation Agreements | 11/02/2015 | Mark and Melanie Williamson |
Debtors filed a statement of intention indicating an intent to retain a manufactured home subject to creditor’s security interest and to continue to pay the debt. Debtors did not seek to reaffirm the debt and did not seek to redeem the property. The Court denied creditor’s motion to 1) compel debtors to comply with their duties under § 521 by entering into a reaffirmation agreement; and 2) to delay the entry of the debtors’ discharge, holding that a creditor’s exclusive remedy with respect to the property based on the debtors’ failure to comply with their duties under § 521(a)(2) and/or § 521(a)(6) is provided in § 362(h)(1) and the hanging paragraph under § 521(a)(6): termination of the automatic stay and removal of the property from the bankruptcy estate. The creditor may proceed to exercise its rights with respect to the property as may be permitted under applicable nonbankruptcy law. |
Chief Judge Robert H. Jacobvitz | |
| Automatic Stay, Chapter 11 | 05/17/2012 | Xtra Petroleum Transport, Inc. v. Brad Hall & Associates, Inc |
Discussion about whether the automatic stay applies to property which is not property of the estate. --B.R.--, 2012 WL 1804991 (Bankr.D.N.M. J.Jacobvitz 2012). |
Chief Judge Robert H. Jacobvitz | |
| Automatic Stay | 04/23/2012 | Christee Thomson Streett |
Dismissal of a chapter 13 bankruptcy case terminates the automatic stay immediately. An order setting aside a dismissal order does not retroactively re-enact the automatic stay as of the time of the dismissal order (although a court may order that the dismissal order was void ab initio). 2012 WL 1413100 (Bankr.D.N.M. 2012, J. Jacobvitz). |
Chief Judge Robert H. Jacobvitz | |
| Automatic Stay | 11/16/2010 | Lori R. Padilla v. Prestige Financial et al. |
The stay terminates by operation of law under 11 U.S.C. § 362(h) if the debtor fails to timely file a statement of intention in a converted chapter 7 case commenced under another chapter. - 2010 WL 4735820 (Bankr.D.N.M. 2010, J. Jacobvitz) |
Chief Judge Robert H. Jacobvitz |