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
Dismissal or Conversion     05/20/2010     In re Douglas F. Vaughan     

Conversion of individual chapter 11 debtor to 7, sections 1104, 1112, Ponzi scheme, fraud, consequences of taking Fifth Amendment repeatedly at 341 meeting of creditors.  429 B.R. 14

Judge James Starzynski
Sales of Assets     05/04/2010     Premier Concrete, LLC     

Court denies approval of a sale of assets by a chapter 11 debtor as not being a reasonable exercise of the debtor’s business judgment.
2010 WL 1780046 (Bankr.D.N.M. May 4, 2010, J. Jacobvitz)

Chief Judge Robert H. Jacobvitz
Jurisdiction     05/03/2010     The Scoular Company v. Dalhart Consumers Fuel Association, Inc. et al     

Court has subject matter jurisdiction over claims between third parties and rules that mandatory abstention does not apply; Court sua sponte permissively abstains.  2010 WL 1795269 (Bankr.D.N.M. May 3, 2010, J. Jacobvitz)

Chief Judge Robert H. Jacobvitz
Chapter 13     04/28/2010     In re Douglas F. Vaughan     

Individual debtor in possession seeks under 327(a) to employ special counsel for representing him personally in criminal case, services must benefit estate to be compensable.  2010 WL 1740618

Judge James Starzynski
Jurisdiction     04/26/2010     Gonzales v. Miller     

Court’s exercise of personal jurisdiction over Defendant does not violate the Fifth Amendment.  2010 WL 1711112 (Bankr.D.N.M. April 26, 2010, J. Jacobvitz)

Chief Judge Robert H. Jacobvitz
Attorneys Fees     04/15/2010     In re Dixon Corp.     

Attorney fees, method court uses to determine rates.  2010 WL 1568462

Judge James Starzynski
Automatic Stay     04/14/2010     Domenico v. Hooser (In re Domenico)     

Motion for Judgment on Partial Findings, Fed.R.Civ.P. 52(c), violation of automatic stay, section 362, 362(c)(3)(A), 362(h).  2010 WL 1509499

Judge James Starzynski
Summary Judgment     04/12/2010     Zia Credit Union v. Carrejo (In re Levi Jackson Carrejo)     

Motion for summary judgment 523(a)(2) denied, issue of intent.  2010 WL 1462936

Judge James Starzynski
Dismissal or Conversion     04/06/2010     Carol Ferri     

Under 11 U.S.C. §1307(c), whether dismissal or conversion of debtor's chapter 13 case to chapter 7 was in the best interest of creditors and the estate.  2010 WL 1418147 (Bankr.D.N.M. 2010, J. Jacobvitz)

Chief Judge Robert H. Jacobvitz
Summary Judgment     04/02/2010     Northern New Mexico School Employees Federal Credit Union v. Moya     

Adversary No. 09-1155 (Docket No. 8) (Bankr.D.N.M. 04/02/10, J. Jacobvitz)

Chief Judge Robert H. Jacobvitz

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