Opinions
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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 13, Contract Interpretation, Relief from Stay | 04/27/2017 | Matilde Flores Hamilton |
Debtor confirmed a Chapter 13 plan. Thereafter, the creditor moved for stay relief. Debtor argued a statement she inserted in her Chapter 13 plan regarding the “entire loan balance” fixed the amount of the secured claim. The Court applied traditional rules of contract construction and overruled Debtor’s argument. Debtor’s reading contravened other parts of the plan and the creditor’s proof of claim. |
Judge David T. Thuma | |
| Attorneys Fees, Chapter 13, Discharge | 10/04/2016 | Michael Allyn Conner and Lyndee Christine Conner |
The Trustee objected to chapter 13 Debtors' counsel's fee application. Counsel submitted his fee application after the last plan payment was made, and the Trustee asserted laches. The Trustee further argued that the fees should be discharged. The Court concluded that the fee application should be allowed and granted an administrative expense, but that the fees are subject to discharge. |
Judge David T. Thuma | |
| Attorneys Fees, Chapter 13, Classification of Claims, Dischargeability, Nondischargeability | 08/26/2016 | Salvador Ongaro |
Chapter 13 Debtor sought a determination that certain obligations to his ex-wife are § 523(a)(15) property division obligations rather than § 523(a)(5) support obligations. The Court considering the intent of the parties and the state court, the divorce decree and associated documents, and the parties' relative financial circumstances, and determined that certain obligations fell in each category. The Court also found that the attorney fee award attributable to the § 523(a)(5) obligations was nondischargeable. |
Judge David T. Thuma | |
| Chapter 13, Reconsideration, Statutory Construction | 02/19/2016 | Gloria L. Marcott |
Chapter 13 Debtor asked the Court to set aside dismissal order entered pursuant to 11 U.S.C. § 521(i), prompted by Debtor’s failure to file a “Chapter 13 Statement of Current Monthly Income” within 45 days of the petition date. The Court concluded the Chapter 13 statement of current monthly income (commonly known as "Form B22") is not required by § 521(i). In Chapter 13 cases, that form is required by Bankruptcy Rule 1007. Because Debtor's failure to provide the statement of current monthly income should not have triggered "auto-dismissal" under § 521(i)(1), the Court vacated the dismissal order and reinstated the Chapter 13 case. |
Judge David T. Thuma | |
| Chapter 13, Valuation | 10/23/2015 | Robinelle A. Gensler |
Chapter 13 Debtor sought to value manufactured home. The Court used the NADA guide as a starting point, and then increased the value to account for upgrades and decreased the value to account for necessary repairs. The Court also held that the value of a manufactured home does not take into account the costs of removing, relocating, or delivering the home. |
Judge David T. Thuma | |
| Administrative Claims, Chapter 13, Dismissal or Conversion | 07/10/2015 | In Re: Beuregard, Rule- Osburn, and Montano |
Chapter 13 trustee sought instructions about disbursing held funds after conversion of cases, in light of the Supreme Court ruling in Harris v. Viegelahn. The Court ruled that, upon conversion, all held funds must be returned to the debtors. |
Judge David T. Thuma | |
| Chapter 13, Discharge, Good Faith | 02/25/2015 | Larry C. Montes and Susie L. Montes |
Chapter 13 trustee filed motion to dismiss case because it was filed while a prior chapter 7 case was still pending. The court reviewed the case law in the area and concluded that there was no per se prohibition against simultaneous cases, since the discharge had been entered in the chapter 7 case and the debts to be treated were different in the two cases. Motion denied. |
Judge David T. Thuma | |
| Chapter 13, Damages, Garnishment, Standing, Stay Violation | 12/19/2014 | Timothy Seigfried et al v. W. Byron Board |
Creditor obtain judgment against debtor pre-petition and garnished debtor's wages. After debtor's bankruptcy filing, employer sent check to creditor for the garnished portion of pre-petition wages. Debtor demanded turnover; creditor refused until a court order directing payment was entered. The court held that creditor was guilty of a willful stay violation, and set a hearing on damages. |
Judge David T. Thuma | |
| Chapter 13, Classification of Claims, Dismissal or Conversion | 10/03/2014 | Sergio V. Garcia |
Creditor moved to dismiss Chapter 13 case, arguing that debtor had too much unsecured debt.. The outcome hinged on whether to count wholly unsecured junior liens on the debtor's house. The Court ruled that such "out of the money" junior liens should be considered unsecured debts for Section 109(e) purposes, so the debtor was not eligible to file a Chapter 13 case. |
Judge David T. Thuma | |
| Chapter 13, Valuation | 05/23/2014 | Ruben Authur Lucero |
Court heard testimony of the debtor and an appraiser and made findings about the value of a residential lot in rural New Mexico. |
Judge David T. Thuma |