Opinions
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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, 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 | |
| Dismissal | 01/30/2013 | Michael Jacques Jacobs |
Court denies debtor's motion to vacate dismissal. |
Judge David T. Thuma | |
| Adversary Proceedings - Procedural Matters, Dischargeability | 01/29/2013 | Danbom v. Prewitt |
Plaintiffs allege that Defendant stole $12,496.37 from them by forging a joint insurance check, and asking that the debt be declared nondischargeable. Defendant moved to dismiss the complaint for, inter alia, failure to state a viable claim. The Court denies Defendant's motion to dismiss. |
Judge David T. Thuma | |
| Collateral Estoppel, Relief from Judgment | 01/22/2013 | Krietzberg v. Mucci |
Defendant sought relief from judgment after the one-year limitation period under Rule 60(b) had expired. The catchall provision of Rule 60(b)(6) may not be used to seek relief from judgment based on alleged fraudulent conduct. Nor could defendant satisfy the requirements for obtaining relieve through an “independent action” under Rule 60(b)(6) and 60(d)(3). Plaintiffs could not rely on non-mutual defensive collateral estoppel to bar debtor from asserting a claim for breach of settlement agreement. 488 B.R. 186 (Bankr. D.N.M. 2013); Case No. 7-09-11609 JA;AP No. 09-1098 – Docket No. 91. |
Chief Judge Robert H. Jacobvitz | |
| Waiver | 01/18/2013 | Galey v. Boydstun |
Plaintiff filed a motion to waive filing fee and submitted a signed declaration of facts and Information and an application to proceed in District Court without prepaying fees or costs. The Court finds it should defer the filing fee in this adversary proceeding, but that if Plaintiff obtains a money judgment, she must pay the filing fees upon collection of any substantial portion thereof. |
Judge David T. Thuma | |
| Dischargeability, Summary Judgment | 01/18/2013 | Jacoby, et al v. Akbari-Shahmirzadi |
Plaintiff seeks to have Defendant's debt declared nondischargeable under, inter alia, 11 U.S.C. § 523(a)(4). Plaintiff's motion for partial summary judgment includes 34 asserted facts and supporting evidence, non of which Defendant addressed in her response. The Court elects to consider the facts undisputed, and concludes that the facts provide a sufficient evidentiary basis for judgment in Plaintiff's favor on the liability portion of its § 523(a)(4) claim. The Court will grant the motion with respect to liability and hold a hearing on the amount of Plaintiff's claim that should be declared nondischargeable. |
Judge David T. Thuma | |
| Avoidance Actions, Turnover | 01/10/2013 | Montoya v. Velasquez |
Addresses whether two alleged transfers from the Debtor to the Defendant can be recovered by the Chapter 7 trustee, either as fraudulent transfers, under a state law conversion theory, or by compelling their turnover pursuant to 11 U.S.C. § 542. |
Judge David T. Thuma | |
| Garnishment, Standing, Stay Violation | 01/04/2013 | Marques v. APD, Inc. et al |
Debtor lacks standing to assert a motion for turnover under 11 U.S.C. § 542 based on pre-petition wage garnishment and lacks standing to assert a claim for violation of automatic stay even with respect to garnished funds retained post-petition. 2013 WL 74606 (Bankr. D.N.M. Jan. 4, 2013); Case No. 7-12-11773 JA; AP No. 12-1194 – Docket No. 93. |
Chief Judge Robert H. Jacobvitz | |
| Dismissal, Good Faith | 12/28/2012 | Robert H. Quinn, Jr. and Stephanie S. Quinn, |
A debtor’s pre-petition and post-petition good faith is relevant to the determination of whether a Chapter 7 case may be dismissed for “cause” under § 707(a). Trustee could not use motion to dismiss under § 707(a) as a substitute for filing a motion to convert. 490 B.R. 607 (Bankr. D. N.M. 2012); Case No. 7-12-10079 JA – Docket No. 113. |
Chief Judge Robert H. Jacobvitz |