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 Opinions Database

The court's 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
Dischargeability     03/03/2011     Valentine v. Valentine     

Ability to pay is not relevant under 11 U.S.C. § 523(a)(15).  Debt arising from Final Decree and Minute Order issued in dissolution of marriage proceeding is either non-dischargeable under 11 U.S.C. § 523(a)(5) because it is a domestic support obligation, or it is nondischargeable under 11 U.S.C. § 523(a)(15) because it is not a domestic support obligation.  Whether plaintiff could enforce her non-dischargeable judgment against defendant's Veteran's Disability Benefits is an issue for the state court.  2012 WL 830621 (Bankr.D.N.M. March 3, 2011, J. Jacobvitz).

 Chief Judge Robert H. Jacobvitz
Bankruptcy Petition Preparers     02/28/2011     United States Trustee v. McIntire d/b/a The Bankruptcy Store, LLC     

Bankruptcy petition preparer (BPP) who adivised clients whether to elect state or federal exemption scheme gave legal advice in violation of 11 U.S.C. § 110.  Injunction issued against BPP prohibiting him from giving legal advice.  Court did not enjoin BPP from acting as a BPP under 11 U.S.C. § 110(j)(2)(B).  446 B.R. 531 (Bankr.D.N.M. 2011, J. Jacobvitz).

 Chief Judge Robert H. Jacobvitz
Dismissal     02/15/2011     Titus William Linville and Shannon Marie Linville     

Dismissal for Abuse - 11 U.S.C. § 707(b).  Above median-income debtors whose actual mortgage payment was greater than the IRS local standards could not take both deductions and could not claim college expenses of adult children as an allowable expendse deduction under the means test.   Payment of adult children's college expenses did not constitute a "special circumstance" sufficient to rebut the presumption of abuse.  Court gives debtors an opportunity to convert to Chapter 13.   446 B.R. 522 (Bankr.D.N.M. 2011, J. Jacobvitz).

 Chief Judge Robert H. Jacobvitz
Default Judgment     02/11/2011     Blanding v. Mendez (In re Robert R. V. Mendez and Bernadette E. Mendez)     

Rule 56(c), setting aside a default or a default judgment.  Defendant must establish three elements.  Motion denied, defendant was culpable in not answering and lacked meritorious defense.  444 B.R. 439.

 Judge James Starzynski
Dischargeability     02/11/2011     Sanchez v. Lovato (In re Rodolfo Lovato and Lisa Lovato)     

Court sua sponte reverses earlier decision on dischargeability, determining that Plaintiffs had not in fact proved proximate cause.  442 B.R. 810.

 Judge James Starzynski
Chapter 11     02/08/2011     Robert Joseph Podzemny and 7-H Cattle Feeders, Inc.     

Use of Cash Collateral - Court authorizes debtor in possession to use cash collateral to develop irrigation on new farm; plant, cultivate and harvest crop on existing irrigated farmland; and acquire, graze and care for cattle. 2011 WL 576591 (Bankr.D.N.M. Feb. 8, 2011, J. Jacobvitz).

 Chief Judge Robert H. Jacobvitz
Dischargeability     02/03/2011     In re James Robert Lancaster III and Nora B. Lancaster     

UST filed motion to dismiss for abuse.  Section 727(b). Opinion goes through required calculations and finds excess disposable income.  Grants motion.  2011 WL 477854.

 Judge James Starzynski
Preference     01/24/2011     In re John David Pfiester     

Debtor may not exempt asset recovered as a preference.  Issue was whether transfer was voluntary or involuntary.  Section 522(g).  449 B.R. 422.

 Judge James Starzynski
Summary Judgment     01/18/2011     Marcott v. Luna (In re Peter Simon Luna and Kristel Rose Luna)     

Summary judgment granted for Defendants on 523(a)(2)(A) claim. Plaintiff failed to establish misrepresentation and proximate cause. Discusses 523(d).  2011 WL 144906.

 Judge James Starzynski
Abstention     12/14/2010     Hernandez v. Lasalle Bank, N.A., as Trustee for Morgan Stanley Mortgage Loan Trust 2006-12XS     

Court considers both mandatory and permissive abstention statutes.  Court  exercises permissive abstention over non-core proceeding that questioned the propriety of state court foreclosure action and whether the mortgage company is the holder of the note and mortgage. 

 Chief Judge Robert H. Jacobvitz

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