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
Cause, Chapter 11, Dismissal or Conversion, Motion to Sell     01/20/2015     Angel Fire Water Co., LLC.     

Debtor filed motion to sell certain assets, while the U.S. Trustee and several creditors filed motions to convert the case to Chapter 7.  The Court denied the motion to sell and granted the conversion motions.  In so doing the Court found that cause existed to convert under Section 1112(b), but ruled that a small business debtor's failure to file or confirm a plan within the deadlines set forth in the Code does not constitute cause.

Judge David T. Thuma
Compromise, Exemptions     12/24/2014     Edward J. Smith and Tonya G. Smith     

Upon discovery of omitted claim, trustee in reopened case settled the claim and sought approval.  Debtors amended their schedules to exempt the settlement amount and the trustee objected.  The Court approved the settlement and sustained the trustee's objection to the amended exemptions, both because debtors were required to show excusable neglect before being allowed to amend their schedules in a reopened case, which they did not do,, and also because debtors could not use both New Mexico homestead and in lieu of homestead exemptions.

Judge David T. Thuma
Chapter 13, Damages, Garnishment, Standing, Stay Violation     12/19/2014     Seigfried et al v. Board     

Creditor obtain judgment against debtor pre-petition and garnished debtor's wages.  After debtor's bankruptcy filing, employer sent check to creditor for the garnished portion of pre-petition wages.  Debtor demanded turnover; creditor refused until a court order directing payment was entered.  The court held that creditor was guilty of a willful stay violation, and set a hearing on damages.

Judge David T. Thuma
Compromise, Injunctions, Motion to Sell, Sales of Assets     12/11/2014     Sunland, Inc.     

 Trustee filed motion to sell estate's interest in insurance policies back to insurer.  Claimant objected.  The court ruled that the proposed sale was fair and reasonable, as was the requested "channeling" injunction preventing claimants from pursuing claims against the buyer.

Judge David T. Thuma
Appeals     11/07/2014     Nancy Akbari-Shamirzadi     

Debtor sought stay pending outcome of her appeal of an order confirming a creditor plan.  The court reviewed the relevant factors and denied the motion.

Judge David T. Thuma
Dischargeability, Judicial Liens - Avoidance, Nondischargeability     10/31/2014     Gross v. Osborne et al     

Plaintiff sought judgement of nondischargeability under 523(a)(2) and (a)(6).  Defendants sought to avoid judicial liens under 522(f).  The court ruled that a portion of plaintiff's pre-petition judgment against defendants was nondischargeable under 523(a)(2), and that the liens should be avoided under 522(f).

Judge David T. Thuma
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