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
Adversary, Adversary Proceedings - Procedural Matters, Due Process, Jurisdiction, Service     11/20/2015     Montoya v. Akbari-Shahmirzadi et al     

Defendants sought to dismiss the adversary proceeding on the grounds that, inter alia, the Court lacked jurisdiction and the proceeding was moot.  The Court analyzed dismissal under Rules 12(b)(1), (2), (4), (5), and (6).  The Court determined movants could not seek dismissal on behalf of defendants they did not represent, that the matter was not moot based on an earlier settlement, and that it had both subject matter and personal jurisdiction over all of the defendants who were served in the United States.

Judge David T. Thuma
Collateral Estoppel, Damages, Dischargeability, Nondischargeability     11/19/2015     Murphy et al v. Spencer     

Plaintiffs sought summary judgment that their debt was nondischargeable, based on two pre-petition state court judgments.  The Court declined to give preclusive effect to the first judgment, which appeared to be a default judgment, but allowed the plaintiffs to supplement the record with other evidence.  The Court determined that the findings in the second judgment were sufficient to establish defendant committed actual fraud and willfully and maliciously injured plaintiffs' property.  Since the second judgment did not include any findings about the amount of damages caused by defendant's conduct, the Court allowed plaintiffs to supplement the record on damages.

Judge David T. Thuma
Adversary Proceedings - Procedural Matters, Attorneys Fees, Fees, Sanctions     10/30/2015     Maese et al. v. Lamey et al.     

Plaintiffs sought attorney fees in connection with obtaining an order compelling discovery.  The Court found that under Rule 37(a)(5), Plaintiffs were entitled to reasonable fees incurring in drafting the motion to compel, attending hearings on the motion to compel, preparing a discovery order, and preparing the attorney fee affidavit.  Plaintiffs were not entitled to fees incurred in their good faith attempt to obtain discovery or for reviewing the documents that were produced.

Judge David T. Thuma
Chapter 13, Valuation     10/23/2015     Robinelle A. Gensler     

Chapter 13 Debtor sought to value manufactured home.  The Court used the NADA guide as a starting point, and then increased the value to account for upgrades and decreased the value to account for necessary repairs.  The Court also held that the value of a manufactured home does not take into account the costs of removing, relocating, or delivering the home.  

Judge David T. Thuma
Chapter 11, Employment of Professionals, Professionals, Trustee     10/02/2015     Golden Park Estates, LLC, a New Mexico Limited Liability Company     

Chapter 11 trustee sought interim payments equal to 75% of the commissions earned during the previous month.  The Court found that Chapter 11 trustees are entitled to reasonable compensation under § 330(a)(7), up the statutory cap contained in § 326.  The Court also determined interim compensation was appropriate after considering factors such as the amount of work required to administer the estate, the existence of equity or cash flow, hardship to the trustee, whether the estate generates monthly income, and the existence of adequate safeguards in the event of disgorgement.

Judge David T. Thuma
Automatic Stay, Miscellaneous, Relief from Stay     09/15/2015     Kachina Village, LLC.     

Secured creditor sought to designate its collateral—an unimproved parcel— as single asset real estate, or “SARE,” as that term is defined in § 101(51B).  The only element in dispute was whether the subject property came within the exception for “residential real property with fewer than four residential units.”  The Court found that even if the exception applied to unimproved parcels, the subject property was SARE because Debtor’s development plans included more than four residences and a commercial building.

Judge David T. Thuma
Sanctions     08/31/2015     Benjamin Lawrence Walker and Linda Lee Walker; No. 7-13-14158 JA; Benjamin Lawrence Walker and Linda Lee Walker v. Christopher Marr, et al; AP No. 14-1077 - Docket No. 52     

On Defendants’ request for sanctions under Rule 37(b) and motion for protective order, the Court declined to dismiss adversary proceeding based on Plaintiffs’ failure to comply with order compelling discovery, but limited the evidence Plaintiffs would be allowed to present at trial and required Plaintiffs to further supplement their discovery responses.  The Court also denied Defendants’ motion for protective order.

Chief Judge Robert H. Jacobvitz
Proof of Claim, Time     08/27/2015     Sunland, Inc.     

  Chapter 7 Trustee objected to four proofs of claims.  Court sustained Trustee's objection finding that claimants failed to carry their burden of proving that the claims were timely mailed.

Judge David T. Thuma
Chapter 11, Proof of Claim     08/18/2015     Sunnyland Farms, Inc.     

Debtor objected to creditor's proof of claim.  Debtor overcame prima facie evidence of validity and amount of the proof of claim.  Creditor failed to carry final burden of persuasion as to full amount claimed but succeeded in carrying burden as to a lesser amount.

Judge David T. Thuma
Attorneys Fees, Costs of Litigation, Fees, Sanctions     08/12/2015     Virginia McCauley, Individually and as Personal Representative of the Estate of Fred L. McCauley, Russel Reed, and Tom McCauley & Sons, Inc. v. William Arthur McCauley and Terri Lynn McCauley     

Plaintiffs sought attorney fees for obtaining a order compelling discovery and to enforce the order; the court reviewed the facts and the law regarding Rule 37 and concluded that attorney fee awards were appropriate.

Judge David T. Thuma