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 Opinions Database

The court's 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
Contract Interpretation, Relief from Stay     05/22/2020     Jackie Don Roberts and Vickie Mae Roberts     

A lessor of farm equipment sought relief from the automatic stay so that he could pick up the leased equipment from the debtors, who had defaulted the lease payments and who had not proposed to assume the lease and cure the defaults.  The primary issue before the Court was whether, under the Uniform Commercial Code, the equipment lease was a true lease or a secured transaction disguised as a lease.  Concluding that it was a true lease, the Court granted the lessor’s motion for stay relief without prejudice to the debtors’ right to file an immediate motion to assume the lease and cure defaults.  

 

Judge David T. Thuma
Chapter 12, Setoff, Turnover     05/20/2020     Jackie Don Roberts and Vickie Mae Roberts     

The United States Department of Agriculture-Farm Service Agency moved for relief from the automatic stay so that it could set off its obligation to make subsidy payments to Debtors with Debtors’ obligations to it under a note and mortgage.  Debtors Objected to the Motion and sought  an order requiring the movant to turn over the subsidy payments.  The Court held that setoff is not permitted because movant’s obligation to Debtors arose postposition while Debtors’ obligation to the movant arose prepetition.  Movant is, therefore, prohibited from exercising its setoff rights.  Movant’s motion is denied.  Debtors’ motion for turnover is granted.

 

Judge David T. Thuma
Remand     05/18/2020     Edward Lucero v. Richard L. Lucero and Boy Scouts of America     

Application of the permissive abstention factors supported equitable remand of Plaintiff’s claims against non-debtor defendant only to state court. The Court granted Plaintiff’s motion for remand. Claims against the debtor-defendant were not remanded.

 

Chief Judge Robert H. Jacobvitz
Discovery, Remand     05/15/2020     Edward Lucero v. Richard L. Lucero and Boy Scouts of America     

The Court granted Plaintiff’s request for expedited discovery while a motion for remand was pending. Defendant’s age and health condition posed a risk that evidence could be lost if Plaintiff did not obtain deposition and written discovery responses soon.  Defendant’s response did not contest the merits of the motion.

 

Chief Judge Robert H. Jacobvitz
Adversary, Summary Judgment     05/14/2020     Edward Mazel et al v. Las Cruces Abstract and Title Company et al     

Plaintiff’s motion for summary judgment on claim of professional negligence against Defendant, a title agency, is denied.  Issues of fact exist regarding whether the title agency neglected its duty of care and, if so, whether the title agency’s conduct proximately caused the claimed damages.  Additional briefing is requested on the issue whether the title agency is entitled to summary judgment on the professional negligence claim.    

Judge David T. Thuma
Cause, Chapter 11, Dismissal or Conversion, Laches     05/13/2020     Victor P. Kearney     

Debtor’s ex-wife filed a motion to dismiss Debtor’s chapter 11 case for failure to pay his post-petition domestic support obligations, citing 11 U.S.C. § 1112(b)(4)(P). The Court denied the motion, ruling that movant had not met her burden of showing cause by proving that amounts were due; that even if amounts were due, unusual circumstances prevented dismissal; and that movant was barred by laches.

Judge David T. Thuma
Adversary, Discovery, Professionals - Conflict of Interest     05/07/2020     Yvette Gonzales v. Health Care Partners Foundation Inc. et al     

Defendants in adversary proceeding moved to delay answering interrogatories pending the court’s determination whether Plaintiff’s counsel (i.e. special counsel for the chapter 7 trustee) has a disqualifying conflict of interest arising from his representation of a creditor in a state court case against Defendant’s pre-bankruptcy managing member.  Defendants also sought a protective order prohibiting Plaintiff’s counsel from using discovery responses in the state court case.   The Court held that no disqualifying conflict of interest is present at this time.  The Court denied, without prejudice, the motion for a protective order based on Defendants’ failure to satisfy the procedural requirements of Fed. R. Civ. P. 26(c)(1).

 

Judge David T. Thuma
Adversary, Chapter 11, Statutory Construction, Unfair Discrimination     05/01/2020     Roman Catholic Church of the Archdiocese of Santa Fe v. United States of America Small Business Administration     

Plaintiff sought a preliminary injunction against Defendant to apply for the Paycheck Protection Program, part of the Coronavirus Aid, Relief, and Economic Security Act, and the Court converted the hearing into a trial on the merits, pursuant to Fed. R. Bankr. P. 7065. The Court ruled in favor of Plaintiff, finding that Defendant’s actions in disallowing bankruptcy debtors from applying for the program exceeded the statutory authority delegated by Congress, were arbitrary and capricious, and impermissibly discriminated against bankruptcy debtors.

 

Judge David T. Thuma
Chapter 11, Extension of Time, Statutory Construction, Subchapter V     04/30/2020     Twin Pines, LLC.     

After its case had been pending for approximately one year, the Debtor filed an amended petition in which it elected to proceed under subchapter V of chapter 11 of the Bankruptcy Code. The Court overruled the United States Trustee’s objection to Debtor’s amended petition. The Court held that nothing in the Small Business Reorganization Act (SBRA) precluded Debtor’s election to proceed under subchapter V and exercised its discretion to extend the deadlines set forth in subchapter V.

 

Chief Judge Robert H. Jacobvitz
Adversary, Summary Judgment     04/28/2020     Edward Alexander Mazel et al v. Bryan A. Lamey et al     

Plaintiffs in this adversary proceeding against a national title insurer and a local title company brought a successor-liability claim against the entity that purchased the local title company years after the events underlying the lawsuit.  Following the general rule in New Mexico and throughout the country that buyers of business assets are not liable for the seller’s debts, the Court granted summary judgment in favor of the purchasing entity. 

 

Judge David T. Thuma

Pages