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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
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
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
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
Attorneys Fees     09/09/2010     D'lya Anne Parsons     

Flat fee of $2,400 charged by debtor's counsel was not reasonable under the circumstances presented. Court reduced fee to $1,600.00.   2010 WL 3547601 (Bankr.D.N.M.  Sept. 9, 2010, J. Jacobvitz).

Chief Judge Robert H. Jacobvitz
Credit Counseling     09/08/2010     In re Joe Bettencourt Borges and Maria Rocha Borges     

Section 109(h) credit counseling requirement; section 1112(b) is not a defense to (or exception to section 109(h)) dismissal for failure of a chapter 11 debtor to take prepetition credit counseling; court must dismiss for failure to satisfy section 109(h).  440 B.R. 551.

Judge James Starzynski
Dischargeability     09/03/2010     Cabrera v. Larranaga     

False pretenses under 11 U.S.C. § 523(a)(2)(A) can include an implied misrepresentation.  A claim that the debtor applied the creditor's funds to pay for substandard work does not state a claim under 11 U.S.C. § 523(a)(4) for breach of fiduciary duty.  The case also discussed the standard for establishing an objection to dischargeability under 11 U.S.C. § 523(a)(4) based on embezzlement.   2010 WL  3521732 (Bankr.D.N.M. 2010, J. Jacobvitz).  See also, Larranaga II.

Chief Judge Robert H. Jacobvitz
Discharge Injunction     08/23/2010     Buke, LLC a New Mexico limited liability company v. Eastburg     

The case discusses the circumstances under which a plaintiff may continue to prosecute a cause of action against a debtor in state court after the debtor is granted a discharge and while a creditor's non-dischargeability action is pending.  __ B.R. __, 2010 WL 3371091 (Bankr.D.N.M. 2010, J. Jacobvitz).

Chief Judge Robert H. Jacobvitz