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 | |
|---|---|---|---|---|---|
| Administrative Claims, Appeals, Reconsideration, Sales of Assets | 03/27/2014 | Sunland, Inc. |
One day after court entered order denying motion to approve auction sale because a late bidder appeared with a much higher price, lower bidder filed a motion to reconsider, for stay, and for other relief. The court denied the motion to reconsider, denied the motion to stay after reviewing the relevant factors, and denied other relief. |
Judge David T. Thuma | |
| Motion to Sell, Sales of Assets | 03/25/2014 | Sunland, Inc. |
Trustee sought court guidance whether he must proceed with selling assets to high bidder at auction, given a post-auction upset bid for a much higher price. The Court ruled that, given the circumstances of the matter, it would deny the trustee's motion to sell the assets to the auction bidder and reopen the auction so the upset bid could be considered. |
Judge David T. Thuma | |
| Reaffirmation Agreements | 03/25/2014 | Janice L. Kirk |
Debtor moved to reopen chapter 7 bankruptcy case and set aside the discharge order so she could enter into a reaffirmation agreement. The court denied the motion, holding that it did not have the authority to set aside the discharge order retroactively, and that without the retroactive effect, the court could not not grant debtor the requested relief. |
Judge David T. Thuma | |
| Fees | 03/24/2014 | First State Bancorporation |
Court granted, in part, and denied, in part, fee applications for three professionals employed by the chapter 7 trustee:trustee’s own firm as counsel for the trustee;general counsel for the trustee; and special litigation counsel for the trustee. No. 7-11-11916 (Docket No. 232) |
Chief Judge Robert H. Jacobvitz | |
| Dischargeability, Nondischargeability | 03/11/2014 | Lopez Roofing Service, Inc., v. Stacy Baker |
After an evidentiary hearing, the Court fixed the amount of a debt that was nondischargeable under Sec. 523(a)(4) because of embezzlement.dischar |
Judge David T. Thuma | |
| Summary Judgment | 02/28/2014 | Santa Fe Summit Homeowners's Associaton, Inc., v. Brutsche et al. |
Summary judgment denied where affidavit supporting facts plaintiff asserted are not subject to genuine material dispute was not based on affiant’s personal knowledge. AP 12-1279 (Docket 51) 2/28/14. |
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| Discharge, Summary Judgment | 02/25/2014 | Kirtland Federal Credit Union v. Mesibov |
Creditor sought summary judgment denying debtor's discharge, primarily for failing to disclose certain alimony and child support rights and payments. The court denied the motion, finding there were fact issues about the debtor's intent when she failed to disclose the rights and payments, and about the materiality of such failures. |
Judge David T. Thuma | |
| Automatic Stay, Chapter 11, Summary Judgment | 02/19/2014 | Melanie Milasinovich |
Creditor granted relief from the automatic stay to obtain possession of Santa Fe house from the Chapter 11 debtor in possession. The Debtor's interest in the house was foreclosed pre-petition, and the house sold by a special master. Despite losing ownership, the debtor continued to live in the house and rent it out to tenants, seeking bankruptcy protection when threatened with a writ of assistance to evict her. |
Judge David T. Thuma | |
| Collateral Estoppel, Discharge, Res Judicata | 02/18/2014 | Gila Regional Medical Center v. Lobera |
Although preclusion doctrines did not bar plaintiff from asserting claims objecting to discharge following unsuccessful attempt to dismiss debtors’ case under § 707(a), fact issues precluded summary judgment on plaintiff’s § 727(a) claims. AP No. 11-1112 Docket No. 42. |
Chief Judge Robert H. Jacobvitz | |
| Ponzi Scheme Issues, Professionals, Trustee | 02/14/2014 | Wagner v. Lankford |
Summary: The Barton doctrine requires parties to obtain permission from the bankruptcy court before suing a case trustee for actions taken in the course of his or her official duties. In order to obtain such permission, the movant must make a prima facie case showing that the claim is not without foundation. Adv. No. 12-1139 (Bankr.D.N.M. February 14, 2014). |
Chief Judge Robert H. Jacobvitz |