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
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
Automatic Stay     08/20/2010     In re David Dwayne Benefield and Cynthia Sue Benefield     

Court declares stay not in effect under section 362(c)(4) in third case filed within one year.  Motion for stay relief is moot.  438 B.R. 706.

Judge James Starzynski
Summary Judgment     08/13/2010     Cago, Inc. v. Slade     

Affidavit not made on personal knowledge is insufficient to support a motion for summary judgment, 2010 WL 3239131 (Bankr.D.N.M. 2010, J. Jacobvitz)

Chief Judge Robert H. Jacobvitz
Dismissal or Conversion     08/13/2010     In re Shari L. Garcia     

Stipulations are enforceable contracts that should be enforced by the court.  Rule 59.  Motion to reconsider, grounds therefor. Chapter 13 debtor may not convert after an order of dismissal.  434 B.R. 638.  

Judge James Starzynski
Administrative Claims     08/03/2010     In re Market Center East Retail Property, Inc.     

Calculation of amounts due under note; determination of 502 and 506 claims; determination of secured status; default interest and late fees; issue of liquidated damages versus penalty, test to distinguish; attorney fees allowed in note. 433 B.R. 335

Judge James Starzynski
Dischargeability     07/30/2010     Los Alamos National Bank v. Martinez     

Discusses whether a claim for non-dischargeability is negated when a loan procured by fraud is novated or refinanced and consolidated with other loans not procured by fraud. 2010 WL 3069978 (Bankr.D.N.M. 2010, J. Jacobvitz).

Chief Judge Robert H. Jacobvitz
Collateral Estoppel     07/29/2010     The Hanover Packard Group, LLC. v. Blackwell     

Discusses the privity requirement to use collateral estoppel to establish facts in a non-dischargeability action; no privity found.   2010 WL 3037583 (Bankr.D.N.M. 2010, J. Jacobvitz)

Chief Judge Robert H. Jacobvitz

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