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 | |
|---|---|---|---|---|---|
| Assumption and Rejection, Classification of Claims, Equitable Remedies, Good Faith | 10/07/2016 | SPOVERLOOK, LLC. |
Debtor sought to reject a state court settlement agreement with a homeowner's association under section 365(a). The HOA objected, arguing that rejection would be futile because the HOA would be entitled to specific performance in the event of a breach, and that rejection was proposed in bad faith. The Court analyzed the definition of "claim" and concluded that because specific performance is an alternative to the legal remedy of money damages, the HOA could be forced to accept money damages if Debtor confirmed a plan. The Court also found that filing a bankruptcy petition to reject a lease or executory contract did not constitute bad faith. |
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, Classification of Claims, Compromise, Nondischargeability, Settlement | 09/30/2016 | Wayne Kenneth Auge, II |
The Court approved a compromise between the chapter 7 trustee and the estate's major creditor. The Court declined to follow In re Carter, 220 B.R. 411 (Bankr. D.N.M. 1998), which held that in a solvent case, unsecured creditors are entitled to interest at the contract rate and post-petition attorney fees. The Court also determined that where a creditor holds a nondischargeable debt, the disallowed post-petition interest continues to accrue at the contract rate. Based on these legal issues, and on various other factors, the Court concluded the settlement was within the range of reasonableness. |
Judge David T. Thuma | |
| Automatic Stay, Chapter 11 | 09/30/2016 | Daniel Jaramillo |
The Court denied the debtor’s request to set aside a default order granting stay relief, finding that the anti-modification provision under § 1123(b)(5) prevented the debtor from seeking to restructure the loan through a Chapter 11 plan. There was no other evidence before the Court that the debtor would be able to sell the property to a third party to pay off the loan. |
Chief Judge Robert H. Jacobvitz | |
| Administrative Claims, Attorneys Fees, Disgorge Fees, Professionals, Statutory Construction | 09/15/2016 | Santa Fe Medical Group, LLC |
An unpaid chapter 11 professional asked the Court to order other professionals to disgorge a portion of their collected fees, so the recovered funds could be redistributed pro rata among all estate professionals. The fees were awarded in the chapter 11 case, which later converted to chapter 7. After analyzing sections 105, 329-331, and 726 and the conflicting case law on the issue, the Court concluded it lacked authority to order disgorgement upon insolvency. The Court also discussed other problems with disgorgement in the case, including standing, timing, the finality of the fee awards, etc., and identified the Code provisions that provide some protection to professionals when the case is sliding towards administrative insolvency. |
Judge David T. Thuma | |
| Chapter 11, Res Judicata | 09/01/2016 | Sandia Resorts, Inc. |
Court granted motion for temporary allowance of claim for purposes of voting pursuant to Rule 3018(a), finding that the plan and confirmation order entered in the debtor’s prior bankruptcy case was entitled to claim preclusive effect under both federal and New Jersey claim preclusion law, preventing debtor from successfully objecting to creditor’s request for temporary allowance of its claim. Creditor’s proof of claim was sufficient to establish the amount of its claim for purposes of voting. |
Chief Judge Robert H. Jacobvitz | |
| 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 | |
| Contract Interpretation, Proof of Claim | 08/26/2016 | Aquatic Pools, Inc. |
Debtor objected to claim of creditor who provided pre-petition consulting services. Creditor sought compensation and expense reimbursements after she made cash loans and used her credit card to pay Debtor's expenses. The Court found that the parties' oral compensation agreement was not barred under the statute of frauds because it could be performed within one year. The Court also performed an accounting to determine how much creditor was owed and how much she had already received from Debtor. |
Judge David T. Thuma | |
| Chapter 11, Classification of Claims, Miscellaneous | 08/10/2016 | Hungry Horse, LLC |
Debtor sought to remove Creditor from the unsecured creditors' committee, arguing that Creditor's claim was secured by Debtor's payment and performance bonds. The Court concluded that the bonds acted as third party guarantees and did nchaptot give rise to any lien or collateral in favor of Creditor. Creditor was therefore eligible to a member of the committee. |
Judge David T. Thuma | |
| Equitable Remedies, Miscellaneous, Property of the Estate | 08/05/2016 | WAS, LLC v. Clarke Coll |
Creditors asked the Court to impose a constructive trust on Debtor's funds after Debtor essentially breached its obligation to remit to Plaintiffs 32% of its operating revenues. The Court determined that constructive trusts are an extraordinary remedy in bankruptcy, and typically are only imposed in cases involving fraud, extreme injustice, or egregious conduct. The Court declined to impose a constructive trust because Debtor's failure to remit the income stream to Creditors did not rise to that level. |
Judge David T. Thuma |