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
Abstention, Chapter 11, Confirmation, Judicial Estoppel, Jurisdiction     01/16/2014     Tres Hermanos Dairy, LLC.     

In a chapter 11 case, a creditor asked the Court to determine whether the confirmation order modified its treatment under the confirmed plan.  The debtor objected to the requested relief, argued that the court lacked jurisdiction, and argued that the court should abstain.  The court overruled the debtor's jurisdiction argument, ruled that neither mandatory nor permissive abstention was required, and ruled that the confirmation order did modify creditor's plan treatment.

Judge David T. Thuma
Summary Judgment     01/15/2014     United Tort Claimants, as individuals v. Quorum Health Resources, LLC     

Application of Rule 26 incorporated into parties’ negotiated case management order and requirement to disclose fact witnesses.  Court allowed Plaintiffs to add new witnesses and to take the deposition of certain high level executives, but required Plaintiffs to supplement their disclosures.   Plaintiffs could not rely on Rule 30(b)(6), which allows a party to name a corporation as deponent, to designate a fact witness for trial without naming a particular individual.   2014 WL 184984 (Bankr. D.N.M. Jan. 22, 2014); Case No.11-11-13686 JL; Misc. No. 13-0007.

Chief Judge Robert H. Jacobvitz
Property of the Estate, Sales of Assets, Trustee     01/14/2014     Montoya v. Moreno et al     

In accordance with 11 U.S.C. § 363(h), trustee had authority to sell real property in which non-debtor held co-ownership interest.  (Case No. 7-09-10073 JL; AP No. 09-1174 J)

Chief Judge Robert H. Jacobvitz
Motion to Sell     01/14/2014     Montoya v. Moreno     

In accordance with 11 U.S.C. § 363(h), trustee had authority to sell real property in which non-debtor held co-ownership interest.

Chief Judge Robert H. Jacobvitz
Reconsideration     12/23/2013     Gayle-Smith v. Wilson et al     

Court denied plaintiff's motion to reconsider, which was not based on newly discovered evidence or an intervening change in the law, but rather on alleged inaccuracy in fact finding.  The Court found plaintiff's arguments to be meritless.

Judge David T. Thuma
Collateral Estoppel, Dischargeability, Nondischargeability, Summary Judgment     12/12/2013     Lopez Roofing Service, Inc., v. Baker     

Court entered summary judgment that debt to plaintiff was nondischargeable under Sec. 523(a)(4) (embezzlement), based upon debtor's guilty plea in prior criminal prosecution.  Court found that fact issues prevented judgment on the amount of damages.  Plaintiff's state court default judgment could not considered under claim preclusion principles because the judgment was based on alternative theories of recovery, at least one of which was dischargeable.

Judge David T. Thuma
Contract Interpretation, Integrated Agreement     12/09/2013     College of Christian Brothers of New Mexico     

Contract consisted of three separate documents that must be read together as the parties’ integrated agreement.  (2013 WL 6410408 (Bankr. D.N.M. Dec. 9, 2013);  Case No. 7-12-11195 JS)

Chief Judge Robert H. Jacobvitz
Dischargeability, Nondischargeability     12/02/2013     Gayle-Smith v. Wilson et al     

Court found that attorney fee debt was dischargeable, and that attorney's 523(a)(2) fraud claim failed because, inter alia, attorney did not prove justifiable reliance.discha

Judge David T. Thuma
Injunctions, Jurisdiction     11/27/2013     Tres Hermanos Dairy, LLC.     

Debtor's motion to stay proceedings pending district court ruling on a motion to withdraw the reference denied because the court found, inter alia, that the district court was unlikely to withdraw the reference of the subject core matter.

Judge David T. Thuma
Statutory Construction     11/26/2013     Platinum Oil Properties, LLC     

Court interpreted meaning of 25 C.F.R. § 211.53 to conclude that an assignment of operating rights in an oil and gas lease on Indian land requires approval of the Secretary of the Department of the Interior.    Because the debtor did not obtain the Secretary’s approval of a purported assignment of operating rights, the purported transfer was ineffective. (2013 WL 6195844 (Bankr. D.N.M. Nov. 26, 2013); Case No.  11-09-10832 JA – Docket No. 356)

Chief Judge Robert H. Jacobvitz

Pages