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
Chapter 11, Fraudulent Transfers, Property of the Estate, Standing, Turnover     10/09/2020     Roman Catholic Church of the Archdiocese of Santa Fe     

The UCC moved for authority to bring fraudulent transfer and turnover claims against parties after the Debtor-in-possession refused to do so. The Court concluded that it was within the Court’s power and was appropriate to grant derivative standing to the UCC to assert the claims, and that potential affirmative defenses would not forestall the UCC at this stage but could be considered if and when the Court reaches the merits of the UCC’s claims.

 Judge David T. Thuma
Administrative Claims, Chapter 11, Classification of Claims, Extension of Time, Res Judicata     09/18/2020     Las Uvas Valley Dairies     

Creditor moved to amend its proof of claim after the claims bar date and to file an application for administrative expenses post plan confirmation. The Court denied the motion and application, finding that (1) whether the creditor’s motion was treated as a request to amend or a request to file a new claim, equitable considerations barred the action, and (2) the terms of the plan and confirmation order were res judicata and the creditor could not tardily file an application for administrative expenses, notwithstanding statutory authority that would allow such application.

 

 Judge David T. Thuma
Appeals, Chapter 11, Confirmation, Conversion     06/18/2020     Victor P. Kearney     

With a confirmed creditor plan of reorganization pending on appeal, Debtor moved to convert his chapter 11 case to chapter 7, asserting an absolute right of conversion.  The unsecured creditors’ committee and other interested parties opposed conversion, arguing that the motion was made in bad faith and should be denied; and alternatively arguing that if the motion is granted the case should be immediately reconverted to chapter 11.  The Court concludes that two exceptions exist to the purported “absolute right” of conversion—a bad faith exception and a confirmed creditor plan exception.  Because the facts of this case demonstrate that both exceptions apply, Debtor’s motion is denied.  The Court holds, further, that even assuming that Debtor’s right to convert is truly absolute, immediate reconversion would be appropriate to avoid irreparable harm to the creditors and the estate.

 

 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, 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, Relief from Judgment, Reconsideration     04/02/2020     Joe Jesse Monge and Rosana Elena Monge     

Chapter 11 individual Debtors moved for reconsideration of a default order granting mortgage creditor relief from the automatic stay to continue foreclosure action. The Court denies Debtors’ motion because Debtors do not state grounds that would justify reconsideration under Fed. R. Civ. P. 60(b) and because Debtors’ conveyance of the property to their son by quitclaim deed means that reinstatement of the automatic stay would not protect the home from foreclosure in any event.

 

 

 Judge David T. Thuma
Chapter 11, Conversion, Standing     03/20/2020     Victor P. Kearney     

Debtor moved to strike for lack of standing an objection to his motion to convert from chapter 11 to chapter 7, filed by the trustees of trusts in which Debtor is a beneficiary. The Court ruled that the trustees have standing as parties in interest to both object to the motion to convert and to move for reconversion to chapter 11 if the Court were to grant Debtor’s motion to convert.

 Judge David T. Thuma
Chapter 11, Fees, Trustee     12/24/2019     MBF Inspection Services, Inc.,     

The Court granted motion for entry of a final decree over the objection of the U.S. Trustee’s Office that a final decree was inappropriate because the estate had not been fully administered.  The Court reached this conclusion after considering the several factors listed in the 1991 Advisory Committee notes to  BR 3022 and the significant burden on the Debtor of the U.S. Trustee’s fees which were charged at the much higher “alternative” rate set forth in 28 U.S.C. Section 1930(a)(6)(B).

 

 Judge David T. Thuma
Administrative Claims, Chapter 11, Chapter 12, Dismissal or Conversion, Settlement     12/19/2019     Jackie Don Roberts and Vickie Mae Roberts     

Debtors, who are farmers, filed for bankruptcy under chapter 11 because their aggregate debt exceeded the then-applicable debt limit in Section 108(18) and rendered them ineligible to file a chapter 12 case.  When the Family Farmer Relief Act raised the debt limit to $10 million, debtors became eligible for chapter 12.  After a period of contentious litigation, Debtors and their creditors negotiated a settlement, which included an agreement that Debtors would convert their case from chapter 11 to chapter 12.  Debtors’ former attorney, an administrative claimant, filed the only objection to conversion.  The Court overruled the objection on the ground that the bases therefor were unfounded.  The Court granted Debtors’ motion to convert based on its finding that conversion was fair and equitable to all parties.   

 

 Judge David T. Thuma
Attorneys Fees, Chapter 11, Fees, Professionals     07/14/2017     Railyard Company, LLC.     

Former chapter 11 DIP counsel sought approval of fee application.  Debtor’s members objected, primarily on the grounds that counsel did not render zealous, beneficial representation because a chapter 11 trustee was appointed.  The Court overruled the members’ objections but determined a 5% reduction in fees was appropriate after considering the factor in Johnson and section 330.

 Judge David T. Thuma

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