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 | |
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Jurisdiction, Proof of Claim, Property of the Estate, Remand | 08/10/2018 | Sky Country Estates Property Owners Association v. Sky Country Estates, LLC, et al |
Non-debtor defendants removed proceeding to bankruptcy court. Plaintiff moved to remand. The court reviewed whether remand was required under the mandatory abstention doctrine, and also whether remand was advisable under the permissive abstention doctrine. The court decided that remand was neither required nor desirable. The remand motion was denied.
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Judge David T. Thuma | |
Attorneys Fees | 07/31/2018 | Hungry Horse, LLC. |
Debtor's counsel filed a fee application, which requested reimbursement for amounts paid to two lawyers who worked as contract attorneys for counsel. Debtor never filed an application to employ either attorney. The Court denied reimbursement as contrary to Section 327-330 and Rules 2014 and 2016.
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Judge David T. Thuma | |
Proof of Claim, Setoff | 07/23/2018 | Tanya Leree Williams |
Ex-husband filed proof of claim against ex-wife in her bankruptcy case, and asserted setoff rights under their marital setoff agreement. Ex-wife objected to the setoff. The court held that ex-husband qualified for both setoff and recoupment, and that the equities favored the exercise of those rights. |
Judge David T. Thuma | |
Chapter 13, Property of the Estate, Stay Violation | 07/16/2018 | Anissia Gonzales |
After confirmation of a chapter 13 plan, state taxing authority served a warrant of levy on the chapter 13 trustee, levying any amounts she owed to debtor's counsel for allowed fees. The trustee asked for instructions. The court held that on confirmation, estate property became debtor's property, so the taxing authority did not violate the automatic stay. Since the trustee held enough debtor property to pay counsel's approved attorney fees, the court ordered the trustee to pay the funds to the taxing authority, less an exemption amount provided for by the state tax levy statute. |
Judge David T. Thuma | |
Nondischargeability | 06/29/2018 | Jose Jess Monge et al v. Francisco J. Jayme et al |
Plaintiffs' requested that Defendants' discharge be denied under sections 727(a)(2)(A) and/or (a)(4)(A). The Court concluded that Defendants made false oaths in their bankruptcy petition, schedules, and “SOFA” and gave false trial testimony, all about material facts, and with fraudulent intent. The Court therefore denied Defendants' discharge under §§ 727(a)(2)(A) and (4)(A). |
Judge David T. Thuma | |
Relief from Judgment, Res Judicata | 06/14/2018 | Aquatic Pools, Inc. |
Count denied a motion to set aside, under Rule 60(b)(4) or (6), an order approving bankruptcy counsel's fee application, finding that there were not sufficient grounds to do so. The Court also opined that the fee order did not have res judicata effect on a dispute between debtor and counsel on advice given relating to procurement of insurance. |
Judge David T. Thuma | |
Discharge, Dischargeability, Dismissal, Nondischargeability | 05/04/2018 | Dennis O'Brien v. Dennis William Montoya |
Defendant filed motion to dismiss Plaintiff's § 523(a)(2)(A) claim for failure to state a cause of action. Court denied the motion, finding Plaintiff's complaint sufficient to state a cause of action because the complaint contained each of four elements necessary under Tenth Circuit case law, including a "receipt of benefits" by way of fraud. |
Judge David T. Thuma | |
Avoidance Actions, Jurisdiction, Preference | 04/23/2018 | Yvette J. Gonzales v. Geer et al |
Defendant, who represented Debtor in her divorce, encumbered Debtor's house with an attorney charging lien to recover unpaid fees. The house was sold a month prior to bankruptcy. The Court ruled that (1) the Court has jurisdiction since the Rooker-Feldman doctrine does not apply, (2) the attorney charging liens were invalid, and (3) there are genuine fact issues about Debtor's solvency. |
Judge David T. Thuma | |
BAPCPA, Discharge, Equitable Remedies, Reaffirmation Agreements, Statutory Construction | 04/17/2018 | Jimmie L. Templin |
Creditor filed motion to compel individual debtor to comply with sections 521(a)(2) and (6) of the Bankruptcy Code, and to delay entry of debtor's discharge until such compliance. The Court denied the motion on grounds that the Code, post-BAPCPA, provides specific remedies for debtors' noncompliance with section 521, and does not not provide explicit authority to compel compliance or delay entry of discharge. |
Judge David T. Thuma | |
Property of the Estate, Trustee | 02/28/2018 | Clarke C. Coll v. Carla Franco et al |
Counterplaintiffs brought action against chapter 7 trustee under four separate counts (a quiet title claim, disparagement of title, civil conspiracy to disparage title, and for the imposition of a constructive trust). The trustee responded with a Motion to Dismiss the counterclaims, and the Court granted the Motion as to Counts Two, Three, and Four under the Barton doctrine and quasi-judicial immunity. |
Judge David T. Thuma |