Opinions
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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 | |
---|---|---|---|---|---|
Proof of Claim, Time | 05/27/2016 | Aquatic Pools, Inc. |
Debtor sought to establish on summary judgment that creditor's claim for wages or contract payables was not entitled to priority under § 507(a)(4). Creditor argued that even though she was terminated more than 180 days before the petition date, the wages or contract payables were "earned" within that period because the payment was due about 150 days prepetition. The Court overruled this argument and found that employees "earn" wages within the meaning of § 507(a)(4) when the services are performed, not at the time of payment. |
Judge David T. Thuma | |
Reconsideration, Standing | 05/26/2016 | Sandia Resorts, Inc. |
The court granted Debtor’s motion to set aside the order dismissing Debtor’s Chapter 11 case consistent with Rule 59(e) and 60(b)(6) to prevent manifest injustice. The party who filed the motion to dismiss had transferred its interest in a loan before the filing of Debtor’s bankruptcy case, and was not acting as an agent of transferee, and, therefore, was not the real party in interest with constitutional standing to file the motion to dismiss. |
Chief Judge Robert H. Jacobvitz | |
Chapter 11, Due Process, Injunctions | 05/23/2016 | Cady Landrum v. Otero County Hospital Association |
On cross motions for summary judgment, the Court determined that 1) the language in the Debtor-Hospital’s confirmed Chapter 11 plan was broad enough to enjoin claims against former employees of the Debtor-Hospital relating to claims against the Debtor-Hospital and has res judicata effect even if such third-party injunction is contrary to the requirements of the Bankruptcy Code; 2) that Plaintiff received actual notice of the commencement of the bankruptcy case, the hearing on confirmation of the Chapter 11 plan, and the deadline for filing administrative claims; and 3) fact issues concerning whether the content of the notice was sufficient to satisfy due process and bind plaintiff to the injunction contained in the Confirmed Chapter 11 plan precluded summary judgment. |
Chief Judge Robert H. Jacobvitz | |
Discharge, Dischargeability, Nondischargeability | 05/19/2016 | Ron G. Sustos and Bustos, LLC v. Jennifer Patricia Muller |
Creditor filed an adversary proceeding to have Debtor's discharge denied under §§ 727(a)(3), (a)(4), and (a)(6), and the debt owed to him be declared nondischargeable under § 523(a)(2)(A). After a trial on the merits, the Court ruled against the Creditor on all claims. |
Judge David T. Thuma | |
Limitation of Actions, Summary Judgment | 05/02/2016 | Philip J. Montoya v. Gary Edward Sasso, et al. |
The Court denied summary judgment on the Trustee’s preference and fraudulent transfer claims to recover a vehicle as an asset of the bankruptcy estate. Fact issues existed concerning whether the limitations period under § 546(a) could be extended under the doctrine of equitable tolling, which has a fraud component generally requiring active deception that lulls the plaintiff into inaction, and a diligence component measured by an objective standard. The Court granted Trustee’s request under Fed.R.Civ.P. 56(g) to treat facts not subject to genuine dispute as established in the adversary proceeding. |
Chief Judge Robert H. Jacobvitz | |
Automatic Stay, Cause, Relief from Stay | 04/29/2016 | SPOVERLOOK, LLC. |
Creditor moved for relief from the automatic stay for cause under 11 USC § 362(d)(1), in order to pursue a motion to enforce a settlement agreement in state court proceedings. After applying the Curtisfactors, the Court decided that the motion should be denied, and reasoned that the Debtor should be allowed to attempt to reject the settlement agreement as an executory contract. |
Judge David T. Thuma | |
Summary Judgment | 04/14/2016 | Philip Montoya, Trustee v. Gary Sasso et al |
Fact issues concerning the character of property acquired pre-petition by debtor’s non-filing spouse precluded summary judgment on Trustee’s claim for declaratory judgment determining that the property is an asset of the bankruptcy estate. Court granted Trustee’s request under Fed.R.Civ.P. 56(g) to treat facts not subject to genuine dispute as established in the adversary proceeding. |
Chief Judge Robert H. Jacobvitz | |
Avoidance Actions, Fraudulent Transfers, Preference, Summary Judgment | 04/14/2016 | Mazel v. Varela |
The Court denied the Trustee’s motion for partial summary judgment on claims to recover preferential and fraudulent transfers due to the following deficiencies: 1) the facts not subject to genuine dispute failed to establish the debtor’s insolvency at the time of the transfers – Trustee could rely on the presumption of insolvency only as to those transfers made within 90 days of the petition date and only with respect to the Trustee’s preferential transfer claims under § 547; 2) a lack of evidence of the value of the transferred property and the amount of creditor’s claim prevented the Court from determining whether the Trustee satisfied § 547(b)(5)’s hypothetical liquidation element for preferential transfers; 3) fact issues concerning reasonably equivalent value precluded judgment on the Trustee’s constructive fraud claims; and 4) circumstantial evidence of actual intent to hinder, delay, or defraud was not so overwhelming as to warrant summary judgment – such claims involving issues of intent and credibility are less susceptible to summary judgment. |
Chief Judge Robert H. Jacobvitz | |
Collateral Estoppel, Damages, Dischargeability, Nondischargeability | 04/14/2016 | H. Steven Murphy et al v. David A. Spencer |
Plaintiffs sought summary judgment that their debt was nondischargeable based on a prepetition state court judgment. The Court previously determined the judgment established liability under Section 523(a)(2)(A) (actual fraud) and 523(a)(6) (willful and malicious injury). The only remaining issue was whether the entire amount of damages was also nondischargeable. The Court determined that all damages stemmed from defendant's fraud and/or willful and malicious conduct. The Court therefore entered a nondischargeable judgment for the entire amount of damages in the state court judgment. |
Judge David T. Thuma | |
Attorneys Fees, Dischargeability, Fees, Nondischargeability | 04/12/2016 | Ann Rippberger v. Bryan Lamey |
Debtor's ex-wife filed an adversary proceeding seeking a determination that a debt arising from the parties' premarital agreement was nondischargeable under 11 U.S.C. § 523(a)(15). The parties stipulated to nondischargeability but disagreed on the amount due, as the agreement was ambiguous. The Court applied New Mexico contract construction principles and analyzed the evidence presented at trial to determine the parties' intent. The Court denied Defendant's last minute request to abstain from liquidating the debt and Plaintiff's request for attorney fees in connection with her prosecution of the adversary proceeding. |
Judge David T. Thuma |