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
Agency Liability     07/27/2010     Gonzales v. Miller     

Discusses when an attorney may be held personally liable as an agent for an undisclosed principal. 
__ B.R. __, 2010 WL 3037504 (Bankr.D.N.M. 2010, J. Jacobvitz).

Chief Judge Robert H. Jacobvitz
Dismissal or Conversion     07/21/2010     In re ARS Analytical, LLC     

Section 1112, conversion or dismissal, grounds.  433 B.R. 848.

Judge James Starzynski
Reaffirmation Agreements     07/12/2010     Maria Magdalena Perez     

Reaffirmation Agreements are unenforceable if attorney fails to make all three certifications as required under 11 U.S.C. § 524(c).  Court has no power to render the agreement enforceable by approving it.   Creditor may not exercise remedies under 11 U.S.C. § 521(d) or § 362(h) where debtor has taken all required steps to reaffirm the debt, notwithstanding the unenforceability of the agreement.    2010 WL 2737187 (Bankr.D.N.M. 2010, J. Jacobvitz).

Chief Judge Robert H. Jacobvitz
Dischargeability     07/12/2010     First New Mexico Bank v. Bruton     

Inclusion of words "in trust' in security agreement is insufficient in and of itself to create fiduciary relationship within the meaning of 11 U.S.C. § 523(a)(4).  Liabilitly cannot be imputed to debtor who does not participate in alleged wrongdoing for purposes of non-dischargeability under 11 U.S.C. § 523(a)(6).  Opinion also discusses imputed liability under 11 U.S.C. § 523(a)(2)(A).   2010 WL 2737201 (Bankr.D.N.M., 2010 J. Jacobvitz)

Chief Judge Robert H. Jacobvitz
Dischargeability     07/02/2010     Krietzburg v. Mucci et al     

An attorney's duty to hold client funds in a trust account is a fiduciary duty within the meaning of 11 U.S.C. § 523(a)(4).  2010 WL 2683128 (Bankr.D.N.M. 2010, J. Jacobvitz).

Chief Judge Robert H. Jacobvitz
Attorneys Fees     06/30/2010     In re Jeffrey David Heise     

Attorney fees; court changes policy of fixing hourly rate in advance.  436 B.R. 143.

Judge James Starzynski
Adversary Proceedings - Procedural Matters     05/21/2010     Southwest Financial Services of Las Cruces, Inc. v. Tarango     

Application of Rule 56(d) to establish facts not genuinely at issue for purposes of trial.
2010 WL 2178751 (Bankr.D.N.M. 2010, J. Jacobvitz).

Chief Judge Robert H. Jacobvitz
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

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