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 | |
|---|---|---|---|---|---|
| Reaffirmation Agreements | 09/12/2012 | Narro v. Ford Motor Credit (In re Miguel Narro and Jane M. Narro) |
No violation of discharge injunction found when creditor repossesses collateral despite fact debtors were not in default postpetition when their reaffirmation agreement was not enforceable. Also, no bankruptcy jurisdiction under these facts. 2012 WL 4027258. |
Judge James Starzynski | |
| Adversary | 09/07/2012 | Montoya v. Pacheco (In re Anthony C. Salcido) |
Setoff, recoupment, anticipatory breach of contract, New Mexico damages law. 2012 WL 3904535. |
Judge James Starzynski | |
| Abstention | 08/21/2012 | Phoenix Environmental, LLC v. Xeric Oil and Gas, Inc. (In re Phoenix Environmental, LLC) |
Mandatory Abstention. 2012 WL 3637915. Note: This opinion was amended by one entered 9/27/12, listed below. Amended Memo Opinion on Mandatory Abstention, replaces 8/22/12 opinion. Both opinions were withdrawn on 9/28/12. 12-1007.37. The order was set aside on 9/28/12. 12-1007.38. |
Judge James Starzynski | |
| Chapter 11 | 08/15/2012 | In re Furr's Supermarkets, Inc. |
Reclamation claims are valueless if secured creditor has lien on all inventory and is undersecured. 2012 WL 3396146. |
Judge James Starzynski | |
| Preference | 08/10/2012 | Dill v. Brad Hall & Assoc., Inc. (In re Indian Capitol Distributing, Inc.) |
Preference defense. 547(c). Contemporaneous exchange. Ordinary business terms. 2012 WL 3292891. |
Judge James Starzynski | |
| Summary Judgment | 08/09/2012 | Gila Regional Medical Center v. Lobera (In re Alex Lobera) |
Court denies motion for summary judgment based on res judicata argument that Court's earlier failure to dismiss case as abusive precluded denial of discharge. Court also finds that bankruptcy courts may enter money judgments. 2012 WL 3263730. |
Judge James Starzynski | |
| Appeals | 08/06/2012 | In re Brutsche |
Stay pending appeal. Rule 8005. Elements. |
Judge James Starzynski | |
| Avoidance Actions, Fraudulent Transfers, Ponzi Scheme Issues | 08/02/2012 | Wagner v. Pruett |
Addresses fraudulent transfers in a Ponzi scheme case. Adversary No. 11-1185-j (Bankr.D.N.M. August 2, 2012 J. Jacobvitz). |
Chief Judge Robert H. Jacobvitz | |
| Automatic Stay | 07/30/2012 | In re Smith |
Automatic stay did not apply to state court suit by lessor under assumed contract after confirmation of Chapter 12 plan. Lack of jurisdiction. 2012 WL 2885794. |
Judge James Starzynski | |
| Chapter 13 | 07/30/2012 | Yaryan-Parks Trust v. Martinez (In re Patricia F. Martinez) |
Mobile home was included in bankruptcy estate despite state court foreclosure because debtor remained in possession and sale had not occured. Section 1322. Discusses remedies available under NM UCC. ___ B.R. ___, 2012 WL 3071227. |
Judge James Starzynski |