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 | |
|---|---|---|---|---|---|
| Proof of Claim, Standing, Summary Judgment | 11/16/2012 | Felipe Higadera |
Debtor's objection to amended proof of claim. |
Judge David T. Thuma | |
| Due Process, Service | 11/15/2012 | Montoya v. Moreno |
Plaintiff failed to satisfy Rule 7004 by attempting to serve non-debtor co-owner of real property by sending summons and complaint by mail to the post office box listed as the address on file in the county tax assessor’s office for the owners of the property. 2012 WL 5614089 (Bankr. D.N.M. Nov. 15, 2012); Case No. 7-09-10073 JL; AP No. 09-1174 – Docket No. 46. |
Chief Judge Robert H. Jacobvitz | |
| Avoidance Actions | 11/14/2012 | Bloom v. The Behles Law Firm PC, et al. |
Memorandum Opinion on plaintiff's motion for partial summary judgment. Complaint to Determine the validity, extent, and priority of liens against property of the estate. The narrow issue of New Mexico secured transaction law is addressed. |
Judge David T. Thuma | |
| Dischargeability | 11/12/2012 | Griego v. Gonzales |
Objection to dischargeability of debt based on false pretenses, false representation, or actual fraud (§ 523(a)(2)(A)), defalcation while acting in fiduciary capacity, embezzlement or larceny (§ 523(a)(4)), or willful and malicious injury (§ 523(a)(6)).Court found no evidence of debtors’ wrongful conduct with respect to father’s missing funds.Nor was debtor acting in a fiduciary capacity with respect to her father. 483 B.R. 1 (Bankr.D.N.M. 2012); AP No. 10-1163 – Docket No. 59. |
Chief Judge Robert H. Jacobvitz | |
| Summary Judgment | 11/09/2012 | Kit Pack Co. v. Friedman, et al. |
Memorandum Opinion on defendants' motion for summary judgment. |
Judge David T. Thuma | |
| Adversary, Automatic Stay, Jurisdiction | 11/06/2012 | In re Daniel William Cook and Yolanda T. Cook |
Motion to alter final decree, reinstate automatic stay, and to retain jurisdiction. |
Judge James Starzynski | |
| Avoidance Actions, Judicial Liens - Avoidance | 11/05/2012 | Andrew J. Perkins |
Order denying motion to avoid judicial lien. |
Judge David T. Thuma | |
| Discharge, Injunctions | 11/02/2012 | Montano v. First Light Federal Credit Union |
Alleged violation of the discharge injunction. Motion for partial summary judgment. |
Judge David T. Thuma | |
| Collateral Estoppel, Res Judicata | 11/02/2012 | Pettingill Enterprises, Inc. v. Blackstone Equipment Financing, L.P. |
Prior adjudication of motion for relief from stay determining that a particular transaction constituted a “true lease” and not a financing arrangement between the parties did not preclude debtor from later asserting a claim for fraudulent transfer. 2012 WL 5387700 (Bankr.D.N.M. Nov. 2, 2012); Case No. 11-12-10515 JA; AP No. 12-1217 J. Docket No. 17. |
Chief Judge Robert H. Jacobvitz | |
| Cause | 10/30/2012 | Lorina Gutierrez |
Application of Rule 3002.1(i) with respect to creditor’s delay in responding to the notice of final cure payment filed by Chapter 13 Trustee. Court could extend the time for creditor to respond consistent with Rule 9006(b). 2012 WL 5355964 (Bankr. D.N.M. Oct. 30, 2012); Case No. 13-07-10502 JA – Docket No. 89. |
Chief Judge Robert H. Jacobvitz |