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
Fees     03/24/2014     First State Bancorporation     

Court granted, in part, and denied, in part, fee applications for three professionals employed by the chapter 7 trustee:trustee’s own firm as counsel for the trustee;general counsel for the trustee; and special litigation counsel for the trustee. No. 7-11-11916 (Docket No. 232)

Chief Judge Robert H. Jacobvitz
Dischargeability, Nondischargeability     03/11/2014     Lopez Roofing Service, Inc., v. Stacy Baker     

After an evidentiary hearing, the Court fixed the amount of a debt that was nondischargeable under Sec. 523(a)(4) because of embezzlement.dischar

Judge David T. Thuma
Summary Judgment     02/28/2014     Santa Fe Summit Homeowners's Associaton, Inc., v. Brutsche et al.     

Summary judgment denied where affidavit supporting facts plaintiff asserted are not subject to genuine material dispute was not based on affiant’s personal knowledge.  AP 12-1279 (Docket 51) 2/28/14.

Discharge, Summary Judgment     02/25/2014     Kirtland Federal Credit Union v. Mesibov     

Creditor sought summary judgment denying debtor's discharge, primarily for failing to disclose certain alimony and child support rights and payments.  The court denied the motion, finding there were fact issues about the debtor's intent when she failed to disclose the rights and payments, and about the materiality of such failures.

Judge David T. Thuma
Automatic Stay, Chapter 11, Summary Judgment     02/19/2014     Melanie Milasinovich     

Creditor granted relief from the automatic stay to obtain possession of Santa Fe house from the Chapter 11 debtor in possession.  The Debtor's interest in the house was foreclosed pre-petition, and the house sold by a special master.  Despite losing ownership, the debtor continued to live in the house and rent it out to tenants, seeking bankruptcy protection when threatened with a writ of assistance to evict her.

Judge David T. Thuma
Collateral Estoppel, Discharge, Res Judicata     02/18/2014     Gila Regional Medical Center v. Lobera     

Although preclusion doctrines did not bar plaintiff from asserting claims objecting to discharge following unsuccessful attempt to dismiss debtors’ case under § 707(a), fact issues precluded summary judgment on plaintiff’s § 727(a) claims. AP No.  11-1112   Docket  No. 42.

Chief Judge Robert H. Jacobvitz
Ponzi Scheme Issues, Professionals, Trustee     02/14/2014     Wagner v. Lankford     

Summary:  The Barton doctrine requires parties to obtain permission from the bankruptcy court before suing a case trustee for actions taken in the course of his or her official duties.  In order to obtain such permission, the movant must make a prima facie case showing that the claim is not without foundation.  Adv. No. 12-1139 (Bankr.D.N.M. February 14, 2014).
 

Chief Judge Robert H. Jacobvitz
Abstention, Time     02/11/2014     New Mexico Highlands University v. Makwa Builders, LLC     

In the context of mandatory abstention under 28 U.S.C. § 1334(c)(2), timely adjudication depends on a number of factors including the relative backlog of the state and federal calendars, the complexity of the case, the expertise of each forum, jurisdictional issues, and whether, and to what extent, remanding the case would impact the bankruptcy estate.  The Court declined to consider the timeliness of the entire state court appellate system, rather than just the state trial court, in determining the relative speed with which the state and federal courts could be expected to proceed.  Adv. No. 12-1305 (Bankr.D.N.M. February 11, 2014).

Chief Judge Robert H. Jacobvitz
Chapter 11, Confirmation, Dismissal or Conversion     02/07/2014     PADDA Hotels, LLC     

Bank objected to hotel debtor's proposed 100% plan of reorganization on feasibility grounds.  The Court took evidence and found that the debtor had carried its burden of proving that the plan offered a reasonable prospect of success and is workable.  The Court confirmed the plan and denied the Bank's motion to dismiss.

Judge David T. Thuma
Discharge     02/04/2014     Los Alamos National Bank, v. Wreyford     

Discharge denied under 11 U.S.C. § 727(a)(2)(A) based on debtors’ formation of limited liability company after a trial was set on the creditor’s claims and funding the LLC after the creditor obtained a judgment against the debtors.  Hinder, delay, or defraud under 11 U.S.C. § 727(a)(2)(A) is a unitary standard. AP No. 12-1312   Docket No. 44.

Chief Judge Robert H. Jacobvitz

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