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
Chapter 11, Classification of Claims, Confirmation     10/22/2014     Nancy Akbari-Shamirzadi     

Debtor sought confirmation of her Chapter 11 plan.  The only vote received rejected the plan.  Debtor argued that confirmation was appropriate because the non-voting creditors were deemed to have accepted the plan.  The court ruled that the actual acceptance of an impaired class is required for confirmation, and further that once a vote has been received from a member of a class, deemed acceptance by non-voting members is no longer available.

Judge David T. Thuma
Attorneys Fees, Judicial Liens - Avoidance, Nondischargeability     10/21/2014     Baldwin v. Phillips     

Debtor sought to avoid four liens under sec. 522(f). Creditors objected because the liens either were not judicial liens or because the liens secured domestic support obligations.  The Court ruled that two liens could be avoided because they were judicial liens and did not secure domestic support obligations, one lien had been paid and should be released, and one lien could not be avoided because it was not a judicial lien.

Judge David T. Thuma
Chapter 13, Classification of Claims, Dismissal or Conversion     10/03/2014     Sergio V. Garcia     

Creditor moved to dismiss Chapter 13 case, arguing that debtor had too much unsecured debt..  The outcome hinged on whether to count wholly unsecured junior liens on the debtor's house.  The Court ruled that such "out of the money" junior liens should be considered unsecured debts for Section 109(e) purposes, so the debtor was not eligible to file a Chapter 13 case.

Judge David T. Thuma
Dischargeability, Nondischargeability     09/22/2014     Bates v. Siggins     

Plaintiff sought judgment of nondischargeability for fraud in connection with debtor's sale of a horse.  The court found that plaintiff failed to carry his burden of proving that debtor knew of the horse's health problems before the sale.

Judge David T. Thuma
Cause, Collateral Estoppel, Dismissal or Conversion     09/17/2014     Picaho Hills Utility Company, Inc.     

Creditors and U.S. Trustee's office moved to convert chapter 11 case to chapter 7 under 1112(b).  The court concluded that cause existed for conversion, including a lack of need for reorganization, pre-petition misconduct, and the debtor's unwillingness to investigate potential preferential or fraudulent transfers.

Judge David T. Thuma
Adversary, Dischargeability, Nondischargeability     09/12/2014     Duff et al v. Ayala     

Plaintiffs sought to have debt declared nondischargeable under 523(a)(6). The court held that based on the evidence presented at trial,  Plaintiffs failed to prove that Debtor's conduct was willful and malicious and therefore the debt was entitled to discharge.

Judge David T. Thuma
Adversary, Cause, Chapter 11, Dismissal or Conversion     09/09/2014     Sunnyland Farms, Inc.     

Creditors filed a motion to convert Debtor's Chapter 11 case to a case under Chapter 7.  The Court denied Creditors' motion for failure to establish that cause for conversion existed under 11 U.S.C. 1112(b).

Judge David T. Thuma
Adversary Proceedings - Procedural Matters, Dismissal, Limitation of Actions, Nondischargeability     08/29/2014     Barrazo v. Carter     

Creditor filed an objection to dischargeability by motion rather than complaint.  Debtor moved to dismiss the action because it was not properly brought, because the filing fee was paid late, and because the summons was not served on debtor's counsel.  The court reviewed and facts and the case law and determined that the motion should be denied, but that creditor should be required to file an amended complaint.
 

Judge David T. Thuma
Contract Interpretation, Proof of Claim     08/20/2014     Picaho Hills Utility Company, Inc.     

Debtor objected to creditor's proof of claim, arguing that its obligation to creditor was not enforceable due to prior ruling of the New Mexico Public Regulation Commission.  After examining the parties’ agreement and the Commission’s ruling, the Court overruled Debtor’s objection.proofpro

Judge David T. Thuma
Adversary Proceedings - Procedural Matters, Agency Liability, Summary Judgment     08/06/2014     Clark v. Envoy Mortgage, Ltd.     

"Debtor asserted claims against loan broker/lender for breach of contract, negligence, and violation of the Unfair Trade Practices Act, all based on defendant's failure to close a reverse mortgage loan.  Defendant moved for summary judgment on all counts, alleging no material facts in dispute.  The court ruled that numerous disputed facts prevented entry of summary judgment.  The court also ruled, however, that plaintiff should amend her complaint to cure a number of pleading deficiencies."

Judge David T. Thuma

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