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
Waiver     03/12/2010     Jean Draper     

Acceptance of payment after expiration of the cure period waived right to terminate a real estate contract based on failure to cure by timely making the payment that was accepted.   2010 WL 963987 (Bankr.D.N.M. 2010, J. Jacobvitz)

Chief Judge Robert H. Jacobvitz
Administrative Claims     03/11/2010     In re Joe Thomas Turner and Ru Than Turner     

IRS administrative tax claims, sections 507, 503.  2010 WL 964199

Judge James Starzynski
Trustee     03/11/2010     In re Harry Carlton Wiley and Virginia Ruth Wiley     

Elements trustee must show to compromise under rule 9019.  2010 WL 964082

Judge James Starzynski
Stay - Annulment     03/04/2010     Kline v. Deutsche Bank National Trust Co. et al     

Annulment of stay denied when sought solely to defeat a claim for damages for willful violation of the stay.  USBC, DNM, Adversary No. 09-1035 (Bankr. D.N.M., 03-04-2010, J. Jacobvitz)

Chief Judge Robert H. Jacobvitz
Chapter 13, Confirmation     03/02/2010     In re Michael and Ramona Keenan     

Cannot modify plan to create a subordinated class after confirmation of 13 plan.  In chapter 13, debtors lack standing to raise subordination.  Subordination requires adversary proceeding.  2010 WL 780098

Judge James Starzynski
Exemptions     02/24/2010     Matthew James Channon     

Court denies objection to claim of exemption. The objection was based on conversion of nonexempt assets to exempt form (a Roth IRA) shortly prior to commencement of the chapter 7 case while a creditor was in hot pursuit. 424 B.R. 895 (Bankr. D.N.M. 2010, J. Jacobvitz)

Chief Judge Robert H. Jacobvitz
Sanctions     02/23/2010     McCabe v. Harmes (In re Richard Harmes)     

Rule 9011 sanctions imposed against defendant in 523 action for attempting to reopen case and set aside default judgment without just cause.  Sanction not limited to attorney fees expended.  423 B.R. 678

Judge James Starzynski
Bankruptcy Petition Preparers     02/08/2010     United States Trustee v. Pamela Brown (In re Terrence D and Lynne M. Martin)     

Bankruptcy Petition Preparer enjoined from practicing in New Mexico.

Judge James Starzynski
Stay Violation     02/08/2010     Kline v. Tiedemann et al     

When failure to dismiss an action commenced in technical violation of the stay becomes a willful violation of the stay  __ B.R. __, 2010 WL 519820, (Bankr. D.N.M. 2010, J. Jacobvitz)

Chief Judge Robert H. Jacobvitz
Bankruptcy Petition Preparers     02/08/2010     United States Trustee v. Pamela Brown (In re Terrence D and Lynne M. Martin)     

Bankruptcy Petition Preparer sanctioned for various violations of section 110 and practice of law without a license. 424 B.R. 496

Judge James Starzynski

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