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
Fees     11/18/2016     Martinez v. Jaffer     

Plaintiff whose income was less than 150 percent of the official poverty guideline for a family of the size involved, and who was unable to pay the fee for filing a complaint in installments, could defer payment of the fee pending recovery of sufficient funds to pay the filing fee from a money judgment entered in Plaintiff’s favor on Plaintiff’s claims raised in the adversary proceeding.  

 Chief Judge Robert H. Jacobvitz
Adversary Proceedings - Procedural Matters, Dismissal     11/16/2016     Martinez v. Jaffer     

After defendant filed a motion to dismiss under Fed.R.Civ.P. 12(b)(6), Plaintiff filed an amended complaint as a matter of right under Fed.R.Civ.P. 15(a)(1).  Because the amended complaint superceded the original complaint, the motion to dismiss sought to dismiss a complaint that was no longer in effect. The Court therefore denied the motion to dismiss without prejudice.

 Chief Judge Robert H. Jacobvitz
Adversary, Adversary Proceedings - Procedural Matters, Due Process, Jurisdiction     11/14/2016     Montoya v. Akbari-Shahmirzadi et al     

Defendant from Dubai sought to dismiss Plaintiff's complaint for lack of personal jurisdiction and failure to state a claim.  Plaintiff sued Defendant to recover allegedly fraudulent transfers from the Debtor.  The inquiry was whether defendant had sufficient minimum contacts with the forum state, which in bankruptcy cases is the United States.  The Court concluded it had personal jurisdiction over the Defendant, which intentionally accepted $250,000 from the Debtor's Swiss bank account.  The Court also directed Plaintiff to amend the complaint to more clearly state his claims. 

Judge David T. Thuma
Chapter 11, Confirmation     11/04/2016     Sandia Resorts, Inc.     

The Court denied debtor’s motion to designate creditor’s ballots under 11 U.S.C. § 1126(e) as having been solicited in bad faith.  Designation under 11 U.S.C. § 1126(e) is permissive and falls within the Court’s sound discretion. Debtor presented insufficient evidence of improper solicitation necessary to designate creditor so that its ballot rejecting debtor’s plan would not be counted. 

 Chief Judge Robert H. Jacobvitz
Chapter 11, Confirmation     11/02/2016     Sandia Resorts, Inc.     

The Court temporarily allowed debtor’s principal’s claim pursuant to Fed.R.Bankr.P. 3018(a) for voting purposes.  The Court has some discretion to determine the amount of a creditor’s claim for voting purposes.  The claimant must present sufficient evidence that it has a colorable claim capable of temporary evaluation.  Claimant was not entitled to a claim for arising from anticipated lease-rejection damages.

 Chief Judge Robert H. Jacobvitz
Exemptions     10/14/2016     Scott A. Bushey     

Creditors objected to debtor’s claims of exemption, asserting that debtor could not claim exemptions under the New Mexico exemption statute applicable to married persons or heads of household, nor could the debtor claim exemptions under the New Mexico exemption statute applicable to persons who support only themselves.  Debtor was not married and depended upon his live-in girlfriend for support.  The Court overruled the creditor’s objection, interpreting the New Mexico statute to allow the debtor to claim an exemption under 42-10-2 notwithstanding the fact that his income was insufficient to fully support himself.  The Court overruled the Creditors’ objection to debtor’s claimed exemption in the cash surrender value of a life insurance policy and debtor’s homestead exemption.  The Court also overruled the Creditors’ objection to Debtor’s claimed exemption in televisions, stereo, speakers, Blue Ray Players, wall art, beaver fur, and twenty-seven pieces of silver jewelry.  The Court sustained the creditors’ objection to the debtor’s claimed exemption in a camera, bicycles, skis, boots, and ski gear, because those items did fall within the category of “furniture” or “clothing” under the New Mexico exemption statutes. 

 Chief Judge Robert H. Jacobvitz
Adversary Proceedings - Procedural Matters, Costs of Litigation     10/14/2016     Hasmukhbhai K. Patel v. Dipakkumar Vanmalibhai Patel et al     

After obtaining a nondischargeable judgment under section 523(a)(4), Plaintiffs sought to recover litigation costs under Fed.R.Bankr.P. 7054, Local Rule 7054-1, and 28 U.S.C. 1920.  Defendants argued the award should be limited to only those costs which can be tied to a successful claim.  The Court rejected this argument and instead analyzed whether the costs appeared necessary at the time they were incurred for preparation of the case.  The Court then analyzed whether individual costs for transcription fees, copying charges, and witness fees were reasonable and/or allowable. 

Chief Judge Robert H. Jacobvitz
Summary Judgment     10/11/2016     Henderson v. White     

The facts not subject to genuine dispute established that the residential lease underlying Plaintiffs’ claims for violation of the automatic stay and the discharge injunction was entered into after Plaintiffs filed their voluntary Chapter 7 bankruptcy petition.  Defendants’ actions to enforce the post-petition lease did not violate the automatic stay or the discharge injunction.  The Court granted Defendants’ motion for summary judgment. 

 Chief Judge Robert H. Jacobvitz
Chapter 11, Confirmation     10/11/2016     Sandia Resorts, Inc.     

The Court denied creditors’ request for temporary allowance of claim under Fed.R.Bankr.P. 3018(a) for voting purposes.  The evidence showed that the creditor did not hold a pre-petition claim.  Only creditors with an allowable pre-petition claim against the debtor are eligible to vote to accept or reject a chapter 11 plan.

 Chief Judge Robert H. Jacobvitz
Chapter 11, Confirmation     10/11/2016     Sandia Resorts, Inc.     

The Court temporarily allowed creditor’s claims pursuant to Fed.R.Bankr.P. 3018(a) for voting purposes.  Creditor purchased two claims.  The objecting creditor failed to establish that the claims were not purchased in good faith or that the purchaser was an insider of the debtor. Creditor was entitled to vote each claim separately.  

 Chief Judge Robert H. Jacobvitz

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