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 | |
|---|---|---|---|---|---|
| Automatic Stay, Discharge Injunction, Jurisdiction | 08/06/2013 | Otero v. Green Tree Servicing, LLC. |
Defendant's summary judgment motion granted on claim for automatic stay violation and violation of Fair Debt Collection Practices Act; denied on claim for violation of discharge injunction. |
Judge David T. Thuma | |
| Professionals, Professionals - Conflict of Interest, Trustee | 08/02/2013 | Hart Oil & Gas, Inc., a Colorado Profit Corporation |
Chapter 11 Trustee's application to employ debtor's counsel as special counsel denied because of the proposed scope of employment and because of conflicts of interest. |
Judge David T. Thuma | |
| Collateral Estoppel, Dischargeability, Summary Judgment | 07/30/2013 | De Leon et al v. Cordova et al |
Plaintiff granted summary judgment on nondischargeability claim based on prior state court judgment |
Judge David T. Thuma | |
| Avoidance Actions, Fraudulent Transfers, Limitation of Actions, Ponzi Scheme Issues, Time | 07/10/2013 | Wagner v. Jones, et al |
In a case involving a Ponzi scheme, the Court found that the Trustee’s claims against a late investor’s children were time-barred by New Mexico’s version of the Uniform Probate Code. Adv. No. 12-1295 (Bkrtcy.D.N.M. July 10, 2013). |
Chief Judge Robert H. Jacobvitz | |
| Dischargeability, Summary Judgment | 07/01/2013 | Jacoby et.al v. Akbari-Shahmirzadi |
Fact issues about debtor's intent preclude summary judgment in creditor's favor on 523(a)(4) claim. |
Judge David T. Thuma | |
| Evidence, Summary Judgment | 06/26/2013 | Jacoby et.al v. Akbari-Shahmirzadi |
Court reviews admissibility of affidavit testimony and letter submitted in defense of summary judgment motion, in face of hearsay objection. |
Judge David T. Thuma | |
| Dischargeability, Summary Judgment | 06/11/2013 | Baker v. Baker |
Whether attorney fees awarded in a divorce proceeding are nondischargeable under 523(a)(15) |
Judge David T. Thuma | |
| Assumption and Rejection, Damages, Evidence, Summary Judgment | 06/07/2013 | Beohm v. Pickel et. al. |
Whether contract was validly terminated pre-petition by non-debtor party for default; if not, whether debtor could assume and obtain specific performance. |
Judge David T. Thuma | |
| Valuation | 05/28/2013 | Mirada Del Lago, LLC |
Opinion on value of real property, based on competing appraisals |
Judge David T. Thuma | |
| Avoidance Actions, Fraudulent Transfers, Good Faith, Ponzi Scheme Issues | 05/24/2013 | Wagner v. Ultima Homes, Inc. |
In a case involving a Ponzi scheme, the Court found that: (1) the Chapter 11 trustee had standing to pursue her fraudulent transfer claims; and (2) such claims were not barred by ERISA’s anti-alienation provision or exclusive benefit rule. The Court also established the framework for analyzing the good faith defense under 11 U.S.C. §548(c). Adv. No. 12-1110 (Bkrtcy.D.N.M. May 24, 2013). |
Chief Judge Robert H. Jacobvitz |