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 | |
|---|---|---|---|---|---|
| Dischargeability, Nondischargeability | 12/02/2013 | Gayle-Smith v. Wilson et al |
Court found that attorney fee debt was dischargeable, and that attorney's 523(a)(2) fraud claim failed because, inter alia, attorney did not prove justifiable reliance.discha |
Judge David T. Thuma | |
| Injunctions, Jurisdiction | 11/27/2013 | Tres Hermanos Dairy, LLC. |
Debtor's motion to stay proceedings pending district court ruling on a motion to withdraw the reference denied because the court found, inter alia, that the district court was unlikely to withdraw the reference of the subject core matter. |
Judge David T. Thuma | |
| Statutory Construction | 11/26/2013 | Platinum Oil Properties, LLC |
Court interpreted meaning of 25 C.F.R. § 211.53 to conclude that an assignment of operating rights in an oil and gas lease on Indian land requires approval of the Secretary of the Department of the Interior. Because the debtor did not obtain the Secretary’s approval of a purported assignment of operating rights, the purported transfer was ineffective. (2013 WL 6195844 (Bankr. D.N.M. Nov. 26, 2013); Case No. 11-09-10832 JA – Docket No. 356) |
Chief Judge Robert H. Jacobvitz | |
| Discharge, Nondischargeability | 11/13/2013 | Sierra Chemicals, LLC v. Mosley |
Creditor sought to deny debtor's discharge under 727(a)(4) and/or declare its debt nondischargeable under 523(a)(4) or (a)(6). Court ruled that the 727(a)(4) claim lacked merit because the false statement at issue was not material. The court ruled that creditor's 523(a)(6) claim failed because the breach of contract at issue, while intentional, was not done with intent to harm. Court ruled in creditor's favor on the 523(a)(4) claim to the extent of $30,000, finding that debtor embezzled creditor's intangible property.disch |
Judge David T. Thuma | |
| Judicial Estoppel, Jurisdiction, Reconsideration, Standing | 10/28/2013 | Baker v. Bank of New York, et al. |
Court has right and obligation to address its subject matter jurisdiction sua sponte. Denial of plaintiffs' motion to substitute trustee of 2005 case as the sole plaintiff, made near the end of trial, properly denied when substitution would be futile and would prejudice defendant, and where plaintiffs should have discovered the ir standing problem years ago. |
Judge David T. Thuma | |
| Avoidance Actions, Fraudulent Transfers, Ponzi Scheme Issues | 10/25/2013 | Wagner v. Valencia, et al. |
In a case involving a Ponzi scheme, the Court concluded that the Trustee had established most of the prima facie elements of her preference claim. More specifically, the Court found that: (1) payments to net losers were made on account of an antecedent debt; and (2) each investor received more than they would have in a Chapter 7 case. Misc. Case No. 12-0006 (Bankr.D.N.M. Oct. 25, 2013). |
Chief Judge Robert H. Jacobvitz | |
| Avoidance Actions, Fraudulent Transfers, Ponzi Scheme Issues, Summary Judgment | 10/23/2013 | Wagner v. Oliva, et. al., |
In a case involving a Ponzi scheme, the Court concluded that the Trustee had established most of the prima facie elements of her fraudulent transfer claims. More specifically, the Court found that: (1) Douglas Vaughan’s plea agreement would be admissible at trial; (2) VCR operated as Ponzi scheme, meaning that the transfers were made with the actual intent to defraud creditors; (3) VCR was insolvent during the relevant time periods; (4) VCR received less than reasonably equivalent value for the payment of net winnings; and (5) VCR had an interest in the transferred funds. Misc. Case No. 12-0006 (Bankr.D.N.M. Oct. 23, 2013). |
Chief Judge Robert H. Jacobvitz | |
| Compromise, Settlement, Standing | 10/15/2013 | Ralph Leo Brutsche |
To have standing to object to a proposed settlement agreement, the debtor must show a reasonable possibility of surplus after satisfying all debts. Settlement agreements must be fair, reasonable, and in the best interests of the estate. Such agreements need not represent the best possible outcome; the Court will generally approve a compromise or settlement if it falls within the range of reasonable outcomes. Adv. No. 11-13326 (Bkrtcy.D.N.M., October 15, 2013). |
Chief Judge Robert H. Jacobvitz | |
| Collateral Estoppel, Nondischargeability, Summary Judgment | 10/15/2013 | Sierra Chemicals, LLC v. Mosley |
Plaintiff's motion for partial summary judgment based on issue preclusion denied; federal arbitration findings are entitled to preclusive effect, but a key finding of "willfulness" under Sec. 523(a)(6) was not made by the arbitrator. |
Judge David T. Thuma | |
| Collateral Estoppel, Judicial Estoppel, Limitation of Actions, Res Judicata, Standing | 10/04/2013 | Baker v. Bank of New York, et. al. |
Debtor sued mortgage company over mis-handling of mortgage loan default and foreclosure. Court found that Debtors had valid claims at one time, but lost the claims through failure to defend the foreclosure action, schedule the claims in their bankruptcy case, or pursue the claims before the statute of limitations expired. |
Judge David T. Thuma |