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
Motion to Sell, Sales of Assets     06/27/2017     Gary Edward Sasso     

The Court granted the Chapter 7 Trustee’s motion to sell the estate’s interest in a condominium under § 363(b).  The estate’s purported interest in the condominium was only a life estate interest.  The purchaser, the estate’s largest unsecured creditor, agreed to withdraw its claim in addition to paying $12,000 cash to purchase the estate’s interest in the Condo, without warranty.  The Trustee had sound business reasons for the sale, gave adequate and reasonable notice of the sale, and obtained a fair and reasonable price, and the buyer acted in good faith.  The cash purchase price, combined with the withdrawal of the creditor’s claim, approximated the fair market value of a life estate interest in the condominium, and provided a meaningful distribution to unsecured creditors. 

Chief Judge Robert H. Jacobvitz
Attorneys Fees, Damages, Discharge Injunction     06/23/2017     Sprague v. Williams et al     

Court held a damages trial on violation of the discharge injunction.  Court awarded attorney fees, but found that Plaintiff failed to prove certain other damages.

 Judge David T. Thuma
Employment of Professionals     06/21/2017     WM Distribution, Inc.     

Law firm’s simultaneous representation of the debtor and a related debtor entity was a disqualifying actual conflict of interest that could not be cured by hiring independent “conflicts counsel.”   The related debtor entities had too many adverse interests central to their respective organization efforts for conflicts counsel to ameliorate the risk that the law form would be unable to give each debtor its undivided loyalty and provide to each debtor untainted advice and assistance.  

 

 Chief Judge Robert H. Jacobvitz
Property of the Estate, Sales of Assets     06/14/2017     Railyard Company, LLC.     

The Chapter 11 Trustee sought to sell certain bowling equipment.  Debtor’s members objected.  The Court concluded that the bowling equipment was property of the estate, and the sale was fair and reasonable, and in the best intepropertyrests of the estate.  The Bowling Equipment was sold free and clear of liens

 Judge David T. Thuma
Collateral Estoppel, Discharge, Dischargeability, Nondischargeability, Res Judicata     06/09/2017     Monge et al. v. Jayme et al     

Defendants sought to dismiss Plaintiffs’ adversary complaint under Rule 12(b)(6).  The Court determined Plaintiffs’ section 523 claims were barred by issue preclusion because the parties already litigated fraud, breach of fiduciary duty, etc. in the Texas bankruptcy court.  The Court also determined the complaint stated a claim under section 727(a)(2) and/or (2)(4) but not the other subsections of 727.

 Judge David T. Thuma
Chapter 11, Employment of Professionals, Professionals - Conflict of Interest     06/08/2017     Lightning Dock Geothermal HI-01, LLC.     

Debtor sought to employ special counsel under section 327(e) to litigate a claim objection and other pending litigation in a chapter 11 case.  The Court determined that special counsel’s representation of Debtor’s corporate grandparent did not create a disqualifying conflict.

 Judge David T. Thuma
Due Process, Reconsideration     06/07/2017     Judith A. Wagner v. David Lankford et al     

Law of the case doctrine precluded the Lankfords from reopening adversary proceeding for the purpose of vacating the summary judgments entered against them and trying the case on the merits. 

Chief Judge Robert H. Jacobvitz
Dischargeability, Nondischargeability     05/12/2017     Steve Shapiro v. Shaun Christopher Morrow     

Creditor sought a nondischargeable judgment against Debtor/Defendant, his former horse-racing partner, for fraud, embezzlement, and breach of fiduciary duty.  The Court determined the creditor did not carry his burden of fraudulent intent, but awarded $372.20 for embezzlement.  The Court also determined the fiduciary duties between partners under the Uniform Partnership Act is not enough to demonstrate a breach of fiduciary duty for purposes of section 523(a)(4).

 Judge David T. Thuma
Dismissal, Jurisdiction, Standing     05/05/2017     NM Enterprises, Inc. v. Harrington et al     

Creditor sought to subordinate certain claims of another creditor under 11 U.S.C. § 510(b)  Court dismissed adversary proceeding because Plaintiff did not have standing to bring § 510(b) claims.  Furthermore, the confirmed chapter 11 plan granted exclusive authority to the Debtor to pursue subordination claims.

 Judge David T. Thuma
Miscellaneous     05/04/2017     Sandia Tobacco Manufacturers, Inc. a New Mexico Domestic Profit     

A director and 90% shareholder of corporation called and held an annual and special meeting of shareholders for the purpose of voting to elect new officers and removing current officers or directors.  After the shareholder meeting, the board held a meeting to take additional corporate action. The Court held that shareholders validly removed a board member, but did not comply with the statutory requirements to reduce the number of directors. The remaining shareholder actions taken at the annual and special meeting and the actions of the board taken without first replacing the vacant board position were invalid.

Chief Judge Robert H. Jacobvitz

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