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
Adversary     10/14/2010     Montoya v. HRW of Las Cruces, Inc. (In re Harry Carlton Wiley and Virginia Ruth Wiley)     

Trustee is seeking a declaration that assets of a trust (of which Debtor is trustee) are part of estate.  Court  denies motions to dismiss and discusses theories under which some or all assets may be bankruptcy estate property.  2010 WL 5185448.

Judge James Starzynski
Summary Judgment     10/10/2010     Dorris v. Chacon (In re Leopoldio Chacon)     

Motion for Summary Judgment by assault victim in section 523 dischargeability action.  Debtor, who was plaintiff's caretaker, previously pled guilty to criminal sexual contact.  Discussion of requirements for bankruptcy fiduciary defalcation.  438 B.R. 725.

Judge James Starzynski
Summary Judgment     10/05/2010     Grove v. Beaver (In re John Dryden Beaver and Susan Jayne Beaver)     

Motion for Summary Judgment, New Mexico collateral estoppel rules, default state court judgment.  437 B.R. 410.

Judge James Starzynski
Stay Violation     09/29/2010     Bucchino v. Wells Fargo Bank, N.A.     

A financial institution does not violate the stay by denying the debtors access to funds claimed as exempt before the exemption is allowed under circumstances in which the financial institution did not deny the chapter 7 trustee access to the funds, and within 24 hours after denying the debtors access to the funds, honored the trustee's request to release the funds to the debtors.  __ B.R. __, 2010 WL 3911369 (Bankr.D.N.M. 2010 J. Jacobvitz)

Chief Judge Robert H. Jacobvitz
Default Judgment     09/29/2010     McCraney v. High Desert Neurology, Inc. (In re David Patrick McCraney and Kimberly McCraney)     

Core/non-core distinctions.  Court reconsiders default judgment in case removed from state court.  Rule 60(b).  Bankruptcy Rule 9024.  Requirements to discover HIPAA health information.  439 B.R. 188.

Judge James Starzynski
Standing     09/29/2010     Bucchino v. Wells Fargo Bank, N.A.     

Debtors who had been denied access by a bank to funds in a bank account lacked standing to pursue a claim against the bank for willful violation of the stay where the debtors had made a claim of exemption as to the funds, but the exemption had not yet been allowed.  
 __ B.R. __, 2010 WL 3911369 (Bankr.D.N.M. 2010 J. Jacobvitz)

Chief Judge Robert H. Jacobvitz
Dischargeability     09/22/2010     Chaparral Materials, Inc. v. Ramos     

The Retainage Act, §57-28-1 et. seq., NMSA 1978, does not impose a fiduciary duty on subcontractors to suppliers of the type contemplated by 11 U.S.C. § 523(a)(4).  2010 WL 3788242 (Bankr.D.N.M. 2010, J. Jacobvitz).

Chief Judge Robert H. Jacobvitz
Dischargeability     09/21/2010     Phoenix Equity Ventures, LLC v. Baillio (In re Troy Michael Baillio)     

Rule 52(c) (Bankruptcy Rule 7052) dismissal on partial findings; 523(a)(2)(A); 523(a)(2)(B); elements of actions; Court found that Plaintiff failed to prove it actually relied on Defendant's representations; even if it had, the reliance would not have been justifiable for the 523(a)(2)(A) claim, and not reasonable for the 523(a)(2)(B) claim. Misrepresentation was also not the proximate cause of Plaintiff's loss.  2010 WL 3782065.

Judge James Starzynski
Automatic Stay     09/14/2010     In re David Dwayne Benefield and Cynthia Sue Benefield     

362(c)(4); stay does not arise in third case filed within one year; finding of good faith filing of second case is not preclusive for good faith finding in third case; discussion of good faith versus bad faith; "objective futility test".  438 B.R. 709.

Judge James Starzynski
Judicial Liens - Avoidance     09/10/2010     In re Raymond L. Vigil     

Pro se debtor attempts to avoid foreclosed mortgage as judicial lien.

Judge James Starzynski

Pages