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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
Automatic Stay     11/01/2010     In re Greg Kendal Smith     

New Mexico agistor's lien.  Nonapplicability of automatic stay.  2010 WL 4483312.

Judge James Starzynski
Summary Judgment     10/15/2010     Montoya v. HRW of Las Cruces, Inc. (In re Harry Carlton Wiley and Virginia Ruth Wiley)     

Summary judgment on Trustee's adversary against recipients of allegedly fraudulent transfer.  Subrogation and New Mexico law.  Equivalent value.  438 B.R. 331.

Judge James Starzynski
Exemptions     10/14/2010     In re Ronald A. Schena and Rachael Schena     

Debtors may not use federal non-bankruptcy exemptions when choosing federal bankruptcy exemptions.  439 B.R. 776.

Judge James Starzynski
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
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
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