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 | |
|---|---|---|---|---|---|
| Class Action, Discharge Injunction | 03/21/2013 | Montano v. First Light Federal Credit Union |
Plaintiffs allege that Defendant violated the discharge injunction. Plaintiffs seek declaratory and injuctive relief (Class 1) and compensatory and punitive damages (Class 2). |
Judge David T. Thuma | |
| Adversary Proceedings - Procedural Matters | 03/21/2013 | Montano v. First Light Federal Credit Union |
Declaratory and injunctive relief (Class 1) and compensatory and punitive damages (Class 2). |
Judge David T. Thuma | |
| Adversary Proceedings - Procedural Matters, Valuation | 03/19/2013 | Matilde Flores Hamilton |
Motion for relief from order granting motion for valuation of collateral. |
Judge David T. Thuma | |
| Collateral Estoppel, Dischargeability, Summary Judgment | 03/19/2013 | Sierra Chemicals, LLC v. Mosley |
Motion for summary judgment. |
Judge David T. Thuma | |
| Default Judgment, Reconsideration | 03/15/2013 | Jacoby, et al v. Akbari-Shahmirzadi |
Motion to reconsider order granting partial summary judgment as to liability. |
Judge David T. Thuma | |
| Avoidance Actions, Fraudulent Transfers, Ponzi Scheme Issues, Standing | 03/11/2013 | Wagner v. Wilson |
In a case involving a Ponzi scheme, the Court found that: (1) VCR had an interest in the allegedly stolen funds; (2) the trustee had standing to pursue the fraudulent transfer claims; (4) the trustee’s claims were not barred by the doctrine of in pari delicto; and (4) the trustee sufficiently stated her claims. The Court declined to address the stockbroker defense under 11 U.S.C. § 546(e) or the good faith defense under 11 U.S.C. § 548(c) in the context of a motion to dismiss. Adv. No. 12-1142 (Bkrtcy.D.N.M. March 11, 2013). |
Chief Judge Robert H. Jacobvitz | |
| Employment of Professionals | 03/06/2013 | First State Bancorporation |
Trustee was prohibited from retaining as special litigation counsel a law firm that also represented a creditor. Dual representation of a creditor in the bankruptcy case and the trustee in special litigation against another creditor of the estate constituted a disqualifying conflict. Application of 11 U.S.C. § 327. 2013 WL 823414 (Bankr.D.N.M. March 6, 2013); Case No. 7-11-11916 JA – Docket 157 |
Chief Judge Robert H. Jacobvitz | |
| Discharge, Summary Judgment | 03/05/2013 | Century Bank v. Scheid |
Plaintiff seeks to have Defendants' discharge denied under 11 U.S.C. §§ 727(a)(3) and (a)(5). Motion for summary judgment. |
Judge David T. Thuma | |
| Automatic Stay, Property of the Estate | 02/25/2013 | Jack D. Pickel |
Court denies motion for determination that automatic stay does not apply to pending litigation. |
Judge David T. Thuma | |
| Confirmation, Good Faith | 02/11/2013 | Kenneth D. Rodriguez |
Debtor’s pre-petition wrongdoing during pendency of prior Chapter 11 bankruptcy case was insufficient to demonstrate that the debtor’s current Chapter 13 case was not filed in good faith. Confirmation will not be denied based on debtor’s lack of good faith in filing his petition, but plan as proposed was not filed in good faith. Debtor was not entitled to continuation of automatic stay, but termination of stay under § 362(c)(3)only applies to the debtor and to property of the debtor; property of the estate remains protected. 487 B.R. 275 (Bankr. D.N.M. 2013); Case No. 13-12-12381 JA – Docket No. 100. |
Chief Judge Robert H. Jacobvitz |