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
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
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
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
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     07/02/2010     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