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
Summary Judgment     10/15/2004     VDP, Inc. v. Kendal M. Emory (In re VDP, Inc.)     

One Defendant's motion for summary judgment denied for question of fact.  Procedures required by NM LBR 7056-1.

Judge James Starzynski
Adversary     10/15/2004     VDP, Inc. v. Kendal M. Emory (In re VDP, Inc.)     

Court denied Plaintiff's motion to amend or supplement complaint, Rule 15(a), Rule 15(d).  Factors.

Judge James Starzynski
Summary Judgment     10/15/2004     VDP, Inc. v. Kendal M. Emory (In re VDP, Inc.)     

One Defendant's motion for summary judgment denied for question of fact.  Procedures required by NM LBR 7056-1.

Judge James Starzynski
Preference, Trustee     10/15/2004     Yvette Gonzales v. Food Marketing Group (In re Furr's Supermarkets, Inc.)     

Offset (553(a)) and recoupment held inapplicable as defenses to trustee's preference claim, 547, and claim for postpetition overpayment to creditor during the chapter 11; 320 B.R. 1  (Bankr. D. N.M. 2004).  Reconsideration by Defendant denied, 02-1173.72 (4/15/05)

Judge James Starzynski
Abstention     10/15/2004     Heller Financial, Inc., et al. v. Joe G. Maloof & Co. (In re Furr's Supermarkets, Inc.)     

Court abstained from claims by Furr's secured lenders against liquor wholesalers on issues as yet undecided by state law.  28 USC 1334(c).  (same opinion entered in 6 different adversaries brought by same plaintiff)

Judge James Starzynski
Dismissal     10/14/2004     Western Bank - Alamogordo, et al. v. Meadow Valley Contractors, Inc. (In re Danley)     

Motion to dismiss, FRCP 12(b)(6), with exhibits; exhibits not considered and motion not converted to one for summary judgment; elements of conversion;   secured creditor can pursue conversion claim;  replevin, NMSA 42-8-1;  secured creditor can use 105 to remedy damages from violation of automatic stay, 362.

Judge James Starzynski
Automatic Stay, Discharge, Jurisdiction     10/10/2004     Susan Mary Nevitt     

524(e) Discharge of debtor does not affect liability of any other entity on the debt; fraudulently transferred asset is not property of estate, 541(a); automatic stay does not generally protect actions against nonfiling codebtors, 362; Bankruptcy Court lacks jurisdiction over disputes between third parties; judicial notice, FRE 201(b)

Judge James Starzynski
Confirmation     10/06/2004     Randall S. Ferguson and Donna Renee Ferguson     

"Totality of circumstances" considerations in chapter 13 plan confirmation;  reduced retirement funding could continue if debtors made up difference.

Judge James Starzynski
Discharge     10/06/2004     National Printing and Packaging Co. v. Cynthia M. Stearns (In re Stearns)     

Revocation of discharge, 727(d); "fraud in fact" must be discovered after discharge

Judge James Starzynski
Exemptions     10/05/2004     Andrew Gregory Fresquez and Debbie Ella Fresquez     

Debtors cannot amend to exempt fraudulently omitted asset.  522

Judge James Starzynski

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