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 | |
|---|---|---|---|---|---|
| Summary Judgment | 09/11/2013 | Midas Auto Sales, Inc. v. Holley |
Order Denying Defendant's Amended Motion for Summary Judgment |
Judge David T. Thuma | |
| Adversary Proceedings - Procedural Matters, Damages, Discharge Injunction | 09/10/2013 | Otero v. Green Tree Servicing, LLC. |
Creditor's huge volume of telephone calls to debtor who owned mobile home pledged to creditor violated the discharge injunction, where debtor had no personal liability and the telephone calls could not fairly be characterized as attempts to determine debtor's intent to retain or surrender the mobile home. |
Judge David T. Thuma | |
| Reconsideration | 09/04/2013 | Javier Humberto Ontiveros |
Motion to set aside final order approving settlement agreement, pursuant to Rule 60(b)(3) and 60(b)(6), is denied. |
Judge David T. Thuma | |
| Chapter 11 | 08/27/2013 | Kaye Elizabeth Sandford |
Individual debtor's motion to modify confirmed chapter 11 plan is denied, under a discretionary standard |
Judge David T. Thuma | |
| Avoidance Actions, Fraudulent Transfers, Limitation of Actions, Ponzi Scheme Issues, Time | 08/20/2013 | Wagner v. Ultima Homes, Inc., et al |
In a case involving a Ponzi scheme, the Court found that: (1) a bankruptcy trustee pursuing a state law fraudulent transfer claim under 11 U.S.C. § 544 may not use the ten-year look back period available to the IRS when it seeks to collect taxes; (2) the four-year look back period was not tolled by the adverse domination theory, the discovery rule, or the doctrine of relation back. Adv. No. 12-1110 (Bkrtcy.D.N.M. August 20, 2013). |
Chief Judge Robert H. Jacobvitz | |
| Dischargeability, Setoff | 08/12/2013 | Danbom v. Prewitt |
Creditors' claim held nondischargeable under 523(a)(4) where mechanic signed joint check and then never performed the agreed-upon work. |
Judge David T. Thuma | |
| Standing, Time | 08/09/2013 | Frank's Oilfield Service, Inc. |
Late-filed joinder was stricken in a contested matter, even though it purported to "join" a timely filed objection. |
Judge David T. Thuma | |
| Statutory Construction | 08/07/2013 | Martin William Acevedo and Stephanie Anne Acevedo |
Upon dismissal or conversion of Chapter 13 case where no plan has been confirmed, Chapter 13 trustee may not retain trustee’s statutory fee before returning plan payments to debtors. Interpreting 28 U.S.C. § 586(e) and 11 U.S.C. § 1326. (497 B.R. 112 (Bankr. D.N.M. 2013) Case Nos. 13-12-11819 TS - Docket No. 89 and 7-12-12906 JA – Docket No. 65 |
Chief Judge Robert H. Jacobvitz | |
| Statutory Construction | 08/07/2013 | Cary Harrell and Rebecca Harrell |
Upon dismissal or conversion of Chapter 13 case where no plan has been confirmed, Chapter 13 trustee may not retain trustee’s statutory fee before returning plan payments to debtors. Interpreting 28 U.S.C. § 586(e) and 11 U.S.C. § 1326. (497 B.R. 112 (Bankr. D.N.M. 2013) Case Nos. 13-12-11819 TS - Docket No. 89 and 7-12-12906 JA – Docket No. 65 |
Chief Judge Robert H. Jacobvitz | |
| Chapter 13, Trustee | 08/07/2013 | Martin William Acevedo and Stephanie Anne Acevedo |
Chapter 13 Trustee may not collect a percentage fee if no plan is confirmed. |
Judge David T. Thuma |