Opinions
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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 | |
|---|---|---|---|---|---|
| Adversary Proceedings - Procedural Matters | 04/24/2012 | CredAmerica, LLC et al v Izzi |
Under the applicable standard for evaluating a motion to dismiss for failure to state a claim, the complaint must contain enough facts to state a cause of action that is "plausible on its face." To withstand dismissal, a plaintiff must sufficiently allege all facts necessary to support the required elements under the legal theory proposed. CredAmerica, LLC v. Izzi , 2012 WL 1424920 (Bankr.D.N.M. 2012, J. Jacobvitz). |
Chief Judge Robert H. Jacobvitz | |
| Automatic Stay | 04/23/2012 | Christee Thomson Streett |
Dismissal of a chapter 13 bankruptcy case terminates the automatic stay immediately. An order setting aside a dismissal order does not retroactively re-enact the automatic stay as of the time of the dismissal order (although a court may order that the dismissal order was void ab initio). 2012 WL 1413100 (Bankr.D.N.M. 2012, J. Jacobvitz). |
Chief Judge Robert H. Jacobvitz | |
| Adversary | 04/16/2012 | Herrera v. Gonzales, Trustee (In re Antonia Marie Herrera) |
On motion to dismiss, Court found that plaintiffs (deceased Debtor's daughters) lacked standing to sue trustee. Discussion of trustee immunity and the Barton doctrine. 472 B.R. 839. |
Judge James Starzynski | |
| Adversary | 04/13/2012 | Ammons v. Eddy Federal Credit Union (In re Jeffrey and Lisa Ammons) |
Credit Union violated discharge injunction by including discharged debt in new note. Damages not proved in summary judgment. 2012 WL 1252621. |
Judge James Starzynski | |
| Avoidance Actions | 04/11/2012 | Xtra Petroleum Transport, Inc. v. Brad Hall & Associates, Inc. |
A settlement agreement is found to not to be a fraudulent transfer, but payments made in the 90 days prior to the bankruptcy petition date constituted voidable preferences. 2012 WL 1207406 (Bankr.D.N.M. 2012, J. Jacobvitz). |
Chief Judge Robert H. Jacobvitz | |
| Adversary | 04/11/2012 | Bloom v. Taos County Board of Commissioners (In re Plaza de Retiro, Inc.) |
Standards for motion to dismiss. Code section 505. Property taxes. Section 108 extensions for debtors/trustees. Cannot seek turnover if ownership is disputed. Section 542. 2012 WL 1207399. |
Judge James Starzynski | |
| Jurisdiction | 04/10/2012 | Cohen v. Property Owners Committee of Rancho Ruidoso Valley Estates et al |
Bankruptcy courts have limited subject matter jurisdiction. When claims premised on pre-petition actions do not arise under Title 11, do not arise in a case under Title 11, and are not related to a case under Title 11, the Court does not have jurisdiction to hear them. 2012 WL 1192779 (Bankr. D.N.M. J.Jacobvitz 2012). |
Chief Judge Robert H. Jacobvitz | |
| Dischargeability | 04/06/2012 | Kim v. Keeran |
Discussing 11 U.S.C. 523(a)(2)(A), 727(a)(3), and 727(a)(5). 2012 WL 1196531 (Bankr.D.N.M. J. Jacobvitz 2012). |
Chief Judge Robert H. Jacobvitz | |
| Standing | 04/06/2012 | Bryant v. Franchini |
If the original parties to the case settle all the claims between them, and a party wishing to intervene wants to challenge the settlement, the intervenor is then required to establish independent standing under Article III of the United States Constitution. 2012 WL 1196565 (Bankr.D.N.M. J. Jacobvitz 2012). |
Chief Judge Robert H. Jacobvitz | |
| Attorneys Fees | 04/05/2012 | Leslie A. Fincher |
In Chapter 13, the starting point in determining the reasonableness of an attorney's fees is the lodestar method, i.e. the fee is determined by multiplying the reasonable number of hours expended by the reasonable hourly rate. 2012 WL 1155719 (Bankr.D.N.M. J. Jacobvitz 2012). |
Chief Judge Robert H. Jacobvitz |