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 11     03/22/2011     In re Market Center East Retail Property, Inc.     

After initiating fee dispute in bankruptcy court and proceeding past trial, debtor asks court to stay decision on award of fees pending fee arbitration that would have been required by California law.  Court denies request; bankruptcy fees more properly decided by bankruptcy court; the stipulated employment order did not require arbitration; debtor was judicially estopped; and California law did not require this exact dispute to be arbitrated.  2011 WL 1100463.

Judge James Starzynski
Summary Judgment     03/22/2011     In re K-Ram, Inc.     

Summary judgment to determine ownership of registry funds.  Revised article 9 applies to assignments of "commercial tort claims", absolute assignment v. assignment for security, factors, effect of deed in lieu, "statutory mortgage condition"  451 B.R. 154.

Judge James Starzynski
Exemptions     03/18/2011     Katherine Ruth Hamilton     

Debtor did not act in bad faith by amending her Schedule C to elect state exemption scheme.  Debtor could claim New Mexico homestead, exemption in warehouse also used as debtor's "dwelling."
 __ B.R. __, 2011 WL 1048363 (Bankr.D.N.M. Mar. 8, 2011, J. Jacobvitz).

Chief Judge Robert H. Jacobvitz
Exemptions     03/17/2011     Harold Wayne Ramey and Eula Mae Ramey     

Debtors could not claim homestead exemption in property adjacent to their residence.   Adjacent property had separate address, was separated from the debtors' residence by a chain link fence, and was used by the debtors as a rental property. 
Case No. 7-10-13155 JR.

Chief Judge Robert H. Jacobvitz
Dismissal or Conversion     03/16/2011     In re Alex Lobera     

Court denies motions to dismiss or to convert to chapter 11.  Debtor is a chapter 7 non-consumer debtor.  Court finds that 707(b) does not apply, and further finds that there is no good faith filing requirement for chapter 7 non-consumer debtors.  707(a), 707(b), 706(b).  454 B.R. 824.

Judge James Starzynski
Adversary     03/15/2011     Garrett et al. v. Cook (In re Daniel William Cook and Yolanda T. Cook)     

Court grants plaintiffs' motion to dismiss derivative claims they had brought for the benefit of a corporation in which they and the Cooks were stockholders.  FRCP 41.   444 B.R. 207.

Judge James Starzynski
Attorneys Fees     03/11/2011     Gregory James Weaver and Mary Janine Weaver     

Discusses  reasonableness of attorneys' fees charged by debtor's counsel in Chapter 13 case.  2011 WL 867136 (Bankr.D.N.M. Mar. 11, 2011, J. Jacobvitz).

Chief Judge Robert H. Jacobvitz
Dischargeability     03/08/2011     Hawks Holdings, LLC v. Kalinowski     

Sole named managing member and de facto manager of limited liability company acted within a fiduciary capacity for purposes of 11 U.S.C. §523(a)(4).  __ B.R. ___, 2011 WL 841185 (Bankr.D.N.M. March 8, 2011, J. Jacobvitz).

Chief Judge Robert H. Jacobvitz
Dischargeability     03/03/2011     Valentine v. Valentine     

Ability to pay is not relevant under 11 U.S.C. § 523(a)(15).  Debt arising from Final Decree and Minute Order issued in dissolution of marriage proceeding is either non-dischargeable under 11 U.S.C. § 523(a)(5) because it is a domestic support obligation, or it is nondischargeable under 11 U.S.C. § 523(a)(15) because it is not a domestic support obligation.  Whether plaintiff could enforce her non-dischargeable judgment against defendant's Veteran's Disability Benefits is an issue for the state court.  2012 WL 830621 (Bankr.D.N.M. March 3, 2011, J. Jacobvitz).

Chief Judge Robert H. Jacobvitz
Bankruptcy Petition Preparers     02/28/2011     United States Trustee v. McIntire d/b/a The Bankruptcy Store, LLC     

Bankruptcy petition preparer (BPP) who adivised clients whether to elect state or federal exemption scheme gave legal advice in violation of 11 U.S.C. § 110.  Injunction issued against BPP prohibiting him from giving legal advice.  Court did not enjoin BPP from acting as a BPP under 11 U.S.C. § 110(j)(2)(B).  446 B.R. 531 (Bankr.D.N.M. 2011, J. Jacobvitz).

Chief Judge Robert H. Jacobvitz

Pages