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     10/19/2017     Debbie J. Wallace     

The Court granted the United States Trustee's motion to compel counsel to file a fee application in a dismissed chapter 11 case under Section 329. Additionally. the Court has jurisdiction to conduct a review of the fee application and can allow the fees in full or in part.

Judge David T. Thuma
Fraudulent Transfers     10/05/2017     Craig H. Dill v. Soutwest Structural Services, Inc. et al     

 The Court denied the Trustee's partial motion for summary judgment to avoid previous transfer of a promissory note. There were genuine fact issues about some elements of the Plaintiff's claims against Defendant in regard to: the value of the note, the value of exchanged  consideration, Defendant's intent to incur debts beyond their ability to pay, and  whether the Defendant was financially stable after transfer.frau

Judge David T. Thuma
Preference     09/26/2017     Edward A. Mazel v. Janice Encinias     

The Court denied the Trustee’s motion for summary judgment on claims to recover preferential transfer due to the the Trustee failing to provide admissible evidence that the transfer enabled the Defendant to receive more than she would if the transfer had not occurred.

Judge David T. Thuma
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

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