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
Chapter 13, Contract Interpretation, Relief from Stay     04/27/2017     Matilde Flores Hamilton     

Debtor confirmed a Chapter 13 plan.  Thereafter, the creditor moved for stay relief.  Debtor argued a statement she inserted in her Chapter 13 plan regarding the “entire loan balance” fixed the amount of the secured claim.  The Court applied traditional rules of contract construction and overruled Debtor’s argument.  Debtor’s reading contravened other parts of the plan and the creditor’s proof of claim.

Judge David T. Thuma
Attorneys Fees, Chapter 11, Fees, Professionals     04/26/2017     Harpole Construction, Inc.     

Counsel for the UCC sought approval of fee application.  Debtor objected on the grounds that counsel’s hourly rate should be reduced from $325 to $280.  After considering the factor in Johnson and section 330, and the UCC counsel’s rate in other similar cases, the Court determined there was insufficient evidence to support a higher fee in the instant case.

Judge David T. Thuma
Avoidance Actions, Preference     04/14/2017     Garcia v. P2 Properties     

Wages earned and garnished within 90 days prior to the bankruptcy filing were subject to avoidance under 11 U.S.C. 547(e)(3).

Judge David T. Thuma
Discharge     03/22/2017     Roger Cronk et al v. Scott A. Bushey     

The Court denied the debtor’s discharge under § 727(a)(4) based on the debtor’s false oaths given in connection with the bankruptcy case.  Debtor gave knowing and intentional false testimony at a Rule 2004 examination and at subsequent depositions regarding his participation in pre-petition transactions involving the sale of his business. 

Chief Judge Robert H. Jacobvitz
Discharge     03/22/2017     United States Trustee v. Scott A. Bushey     

The Court denied the debtor’s discharge under § 727(a)(4) based on the debtor’s false oaths given in connection with the bankruptcy case.  Debtor gave knowing and intentional false testimony at a Rule 2004 examination and at subsequent depositions regarding his participation in pre-petition transactions involving the sale of his business. 

Chief Judge Robert H. Jacobvitz
Appeals, Motion to Sell, Reconsideration, Sales of Assets     03/21/2017     Sandia Resorts, Inc.     

Debtor’s principal sought reconsideration and a stay pending appeal of an order approving the sale of Debtor’s hotel and other assets under section 363(f). The Court determined there were no grounds to reconsider the sale order.  It also found the movant was ineligible for a stay because he failed to satisfy the four factor test (likelihood of success on the merits, irreparable harm, etc).

Judge David T. Thuma
Avoidance Actions, Collateral Estoppel, Public Utility, Res Judicata, Statutory Construction     03/21/2017     Coll v. Picacho Hills Development Company, Inc.     

Debtor/Defendant sought summary judgment on Trustee/Plaintiff’s complaint seeking the return of certain transfers of estate property.  Debtor/Defendant argued that the Public Regulation Commission’s findings and conclusions were not binding on the bankruptcy court.  Debtor/Defendant also argued it was not required to comply with section 549 (which pertains to unauthorized, post-petition transfers of estate property) while the case was suspended under section 305.  The Court determined it had insufficient evidence to rule on preclusion principles and that section 549 did not apply while the case was suspended.

Judge David T. Thuma
Administrative Claims, Attorneys Fees, Chapter 11, Employment of Professionals, Professionals - Conflict of Interest     02/28/2017     Blue Jet, Inc.     

Debtor sought approval of application to employ Chapter 11 DIP counsel under 11 U.S.C. § 327(a).  The Court concluded that Counsel's attempt to obtain an attorney charging lien for general bankruptcy work on Debtor's cash and accounts receivable would create a disqualifying interest under § 327(a).  The Court approved Counsel's employment absent the charging lien provision.

Judge David T. Thuma
Discharge, Discharge Injunction, Sanctions, Statutory Construction, Summary Judgment     02/10/2017     Sprague v. Williams et al     

Plaintiff asserted Defendants violated the discharge injunction and a court order when they took action, post-discharge, to foreclose judgment liens.  The Court declined to certify that issue to the New Mexico Supreme Court, as it required an analysis of the interplay between state and federal bankruptcy law.  The Court concluded that while a judgment lien ordinarily attaches to redeemed property under state law, Section 524 alters the analysis by cutting off lien attachment to property acquired after discharge.  The Court therefore entered summary judgment on liability, finding that Defendants violated the discharge injunction by attempting to collect a deficiency judgment from Plaintiff's redeemed property, to which the judgment lien had not attached.  The Court also declined to assess Rule 11 sanctions, set aside a stipulated order, and compel discovery.
 

Judge David T. Thuma
Avoidance Actions, Statutory Construction, Summary Judgment     02/08/2017     Aquatic Pools Inc.     

Debtor sought to avoid penalties accruing post-petition on otherwise perfected federal tax liens, on the theory that penalties accruing after lien notices were filed were unperfected.  Court concluded that the pre-petition penalties are perfected.

Judge David T. Thuma

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