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 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 | |
|---|---|---|---|---|---|
| Reaffirmation Agreements | 07/12/2010 | Maria Magdalena Perez |
Reaffirmation Agreements are unenforceable if attorney fails to make all three certifications as required under 11 U.S.C. § 524(c). Court has no power to render the agreement enforceable by approving it. Creditor may not exercise remedies under 11 U.S.C. § 521(d) or § 362(h) where debtor has taken all required steps to reaffirm the debt, notwithstanding the unenforceability of the agreement. 2010 WL 2737187 (Bankr.D.N.M. 2010, J. Jacobvitz). |
Chief Judge Robert H. Jacobvitz | |
| Dischargeability | 07/02/2010 | Krietzburg v. Mucci et al |
An attorney's duty to hold client funds in a trust account is a fiduciary duty within the meaning of 11 U.S.C. § 523(a)(4). 2010 WL 2683128 (Bankr.D.N.M. 2010, J. Jacobvitz). |
Chief Judge Robert H. Jacobvitz | |
| Attorneys Fees | 06/30/2010 | In re Jeffrey David Heise |
Attorney fees; court changes policy of fixing hourly rate in advance. 436 B.R. 143. |
Judge James Starzynski | |
| Adversary Proceedings - Procedural Matters | 05/21/2010 | Southwest Financial Services of Las Cruces, Inc. v. Tarango |
Application of Rule 56(d) to establish facts not genuinely at issue for purposes of trial. |
Chief Judge Robert H. Jacobvitz | |
| Dismissal or Conversion | 05/20/2010 | In re Douglas F. Vaughan |
Conversion of individual chapter 11 debtor to 7, sections 1104, 1112, Ponzi scheme, fraud, consequences of taking Fifth Amendment repeatedly at 341 meeting of creditors. 429 B.R. 14 |
Judge James Starzynski | |
| Sales of Assets | 05/04/2010 | Premier Concrete, LLC |
Court denies approval of a sale of assets by a chapter 11 debtor as not being a reasonable exercise of the debtor’s business judgment. |
Chief Judge Robert H. Jacobvitz | |
| Jurisdiction | 05/03/2010 | The Scoular Company v. Dalhart Consumers Fuel Association, Inc. et al |
Court has subject matter jurisdiction over claims between third parties and rules that mandatory abstention does not apply; Court sua sponte permissively abstains. 2010 WL 1795269 (Bankr.D.N.M. May 3, 2010, J. Jacobvitz) |
Chief Judge Robert H. Jacobvitz | |
| Chapter 13 | 04/28/2010 | In re Douglas F. Vaughan |
Individual debtor in possession seeks under 327(a) to employ special counsel for representing him personally in criminal case, services must benefit estate to be compensable. 2010 WL 1740618 |
Judge James Starzynski | |
| Jurisdiction | 04/26/2010 | Gonzales v. Miller |
Court’s exercise of personal jurisdiction over Defendant does not violate the Fifth Amendment. 2010 WL 1711112 (Bankr.D.N.M. April 26, 2010, J. Jacobvitz) |
Chief Judge Robert H. Jacobvitz | |
| Attorneys Fees | 04/15/2010 | In re Dixon Corp. |
Attorney fees, method court uses to determine rates. 2010 WL 1568462 |
Judge James Starzynski |