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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.

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Keywords/Topic Date Title Description Judge
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
Dismissal     02/15/2011     Titus William Linville and Shannon Marie Linville     

Dismissal for Abuse - 11 U.S.C. § 707(b).  Above median-income debtors whose actual mortgage payment was greater than the IRS local standards could not take both deductions and could not claim college expenses of adult children as an allowable expendse deduction under the means test.   Payment of adult children's college expenses did not constitute a "special circumstance" sufficient to rebut the presumption of abuse.  Court gives debtors an opportunity to convert to Chapter 13.   446 B.R. 522 (Bankr.D.N.M. 2011, J. Jacobvitz).

Chief Judge Robert H. Jacobvitz
Dischargeability     02/11/2011     Sanchez v. Lovato (In re Rodolfo Lovato and Lisa Lovato)     

Court sua sponte reverses earlier decision on dischargeability, determining that Plaintiffs had not in fact proved proximate cause.  442 B.R. 810.

Judge James Starzynski