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
Reconsideration     12/05/2012     Bloom v. The Behles Law Firm PC, et al.     

Motion to reconsider the Court's partial summary judgment.

Judge David T. Thuma
Proof of Claim, Standing, Summary Judgment     12/03/2012     Kaye Elizabeth Sandford     

Motion for summary judgment resolving secured claim objection in a chapter 11 case.

Judge David T. Thuma
Adversary, Preference     11/30/2012     Dill v. Brewer Oil Co. (In re: Indian Capitol Distributing, Inc.)     

Complaint seeking recovery of money as preferential transfers and preserving their value for the estate.

Judge James Starzynski
Abstention     11/26/2012     Jefferson Pilot Investments, Inc. v. Cottonwood Corners Phase V, LLC.     

Court permissively abstained from hearing adversary proceeding commenced by creditor to determine whether its claims are secured by real estate and whether the creditor has any interest in the debtor’s claims asserted against another bankruptcy estate.   2012 WL 5906883 (Bankr. D.N.M. Nov. 26, 2012); Case No. 11-11-12633 JA;  AP No. 12-1237 J – Docket No. 12.

Chief Judge Robert H. Jacobvitz
Dischargeability     11/20/2012     Trujillo v. Kelly et al.     

Plaintiffs seek a judgment that the debtor's obilgation to them in nondischargeable.

Judge David T. Thuma
Abstention, Adversary, Summary Judgment     11/20/2012     Scarborough v. Angel Fire Resort Operations, LLC (In re: Angel Fire Corporation (The) and Angel Fire Ski Corporation)     

Motion to dismiss, motion for summary judgment, and motion to abstain.

Judge James Starzynski
Proof of Claim, Standing, Summary Judgment     11/16/2012     Felipe Higadera     

Debtor's objection to amended proof of claim.

Judge David T. Thuma
Due Process, Service     11/15/2012     Montoya v. Moreno     

Plaintiff failed to satisfy Rule 7004 by attempting to serve  non-debtor co-owner of real property by sending summons and complaint by mail to the post office box listed as the address on file in the county tax assessor’s office for the owners of the property.   2012 WL 5614089 (Bankr. D.N.M.  Nov. 15, 2012);  Case No. 7-09-10073 JL;  AP No. 09-1174 – Docket No. 46.

Chief Judge Robert H. Jacobvitz
Avoidance Actions     11/14/2012     Bloom v. The Behles Law Firm PC, et al.     

Memorandum Opinion on plaintiff's motion for partial summary judgment.  Complaint to Determine the validity, extent, and priority of liens against property of the estate. The narrow issue of New Mexico secured transaction law is addressed.

Judge David T. Thuma
Dischargeability     11/12/2012     Griego v. Gonzales     

Objection to dischargeability of debt based on false pretenses, false representation, or actual fraud (§ 523(a)(2)(A)), defalcation while acting in fiduciary capacity, embezzlement or larceny (§ 523(a)(4)), or willful and malicious injury (§ 523(a)(6)).Court found no evidence of debtors’ wrongful conduct with respect to father’s missing funds.Nor was debtor acting in a fiduciary capacity with respect to her father.  483 B.R. 1 (Bankr.D.N.M. 2012);  AP No. 10-1163 – Docket No. 59. 

Chief Judge Robert H. Jacobvitz

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