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
Statutory Construction     08/07/2013     Cary Harrell and Rebecca Harrell     

Upon dismissal or conversion of Chapter 13 case where no plan has been confirmed, Chapter 13 trustee may not retain trustee’s statutory fee before returning plan payments to debtors.    Interpreting 28 U.S.C. § 586(e) and  11 U.S.C. § 1326. (497 B.R. 112 (Bankr. D.N.M. 2013)  Case Nos.  13-12-11819 TS  - Docket No.  89 and 7-12-12906 JA – Docket No. 65

Chief Judge Robert H. Jacobvitz
Automatic Stay, Discharge Injunction, Jurisdiction     08/06/2013     Otero v. Green Tree Servicing, LLC.     

Defendant's summary judgment motion granted on claim for automatic stay violation and violation of Fair Debt Collection Practices Act; denied on claim for violation of discharge injunction.

Judge David T. Thuma
Professionals, Professionals - Conflict of Interest, Trustee     08/02/2013     Hart Oil & Gas, Inc., a Colorado Profit Corporation     

 Chapter 11 Trustee's application to employ debtor's counsel as special counsel denied because of the proposed scope of employment and because of conflicts of interest.

Judge David T. Thuma
Collateral Estoppel, Dischargeability, Summary Judgment     07/30/2013     De Leon et al v. Cordova et al     

Plaintiff granted summary judgment on nondischargeability claim based on prior state court judgment

Judge David T. Thuma
Avoidance Actions, Fraudulent Transfers, Limitation of Actions, Ponzi Scheme Issues, Time     07/10/2013     Wagner v. Jones, et al     

In a case involving a Ponzi scheme, the Court found that the Trustee’s claims against a late investor’s children were time-barred by New Mexico’s version of the Uniform Probate Code.   Adv. No. 12-1295 (Bkrtcy.D.N.M.  July 10, 2013).

Chief Judge Robert H. Jacobvitz
Dischargeability, Summary Judgment     07/01/2013     Jacoby et.al v. Akbari-Shahmirzadi     

Fact issues about debtor's intent preclude summary judgment in creditor's favor on 523(a)(4) claim.

Judge David T. Thuma
Evidence, Summary Judgment     06/26/2013     Jacoby et.al v. Akbari-Shahmirzadi     

 Court reviews admissibility of affidavit testimony and letter submitted in defense of summary judgment motion, in face of hearsay objection.

Judge David T. Thuma
Dischargeability, Summary Judgment     06/11/2013     Baker v. Baker     

Whether attorney fees awarded in a divorce proceeding are nondischargeable under 523(a)(15)

Judge David T. Thuma
Assumption, Damages, Evidence, Summary Judgment     06/07/2013     Beohm v. Pickel et. al.     

Whether contract was validly terminated pre-petition by non-debtor party for default; if not, whether debtor could assume and obtain specific performance.

Judge David T. Thuma
Valuation     05/28/2013     Mirada Del Lago, LLC     

Opinion on value of real property, based on competing appraisals

Judge David T. Thuma

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