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.
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| Keywords/Topic | Date | Title | Description | Judge | |
|---|---|---|---|---|---|
| Miscellaneous | 10/12/2011 | In re Richard Clark Williamson and Tonya Gale Williamson |
Claim objection based on interpretation of dragnet clause in mortgage. NMSA 48-7-9. Future advances. Cross-collateralization. New Mexico law on ambiguity, |
Judge James Starzynski | |
| Dischargeability | 10/11/2011 | United States Trustee v. Sanchez (In re Alfred D. Sanchez and Linda J. Sanchez) |
Denial of discharge. Section 727. Badges of fraud. Fact intensive decision. |
Judge James Starzynski | |
| Adversary | 10/11/2011 | Hydroscope Group, Inc. v. Bloom (In re Daniel William Cook and Yolanda T. Cook) |
Motion to reopen adversary proceeding against former chapter 11 trustee denied. Discharged pro se debtor attempts to reopen adversary proceeding to which he was not a party to attempt to collect funds for his creditors based on trustee's alleged slander of title of personal property owned by corporations in which debtor had interest. Adversary had previously been dismissed for failure to comply with Barton doctrine. Upon reconsideration, adversary was reopened pending pursuit of Barton relief in the main case. This was not done and about three years later the Court reclosed the adversary. Debtor moved to reopen a second time. |
Judge James Starzynski | |
| Adversary | 10/05/2011 | Dill v. Brad Hall & Associates, Inc. (In re Indian Capitol Distributing, Inc.) |
Trustee lacked constitutional standing to pursue unauthorized postpetition transfers because there was no damage. Court refuses to follow Marathon Petroleum Co. v. Cohen (In re Delco Oil, Inc.), 599 F.3d 1255 (11th Cir. 2010), which has same basic fact pattern. Federal Court jurisdiction. Article III. Case or controversy. Standing. Need to allege actual injury traceable to defendant that may be redressed by a favorable ruling. 2011 WL 4711895. |
Judge James Starzynski | |
| Dischargeability | 10/05/2011 | Honeywell v. Holdsworth-Uddoh (In re Joan Holdsworth-Uddoh) |
Dischargeability. Section 523. Embezzlement of gold coins. Collateral estoppel of state court judgment. 2011 WL 4711909. |
Judge James Starzynski | |
| Preference | 09/29/2011 | Dill v. Michael P. Mataya Revocable Trust (In re Indian Capitol Distributing, Inc.) |
Post-petition transfer. section 549. 2011 WL 4543957. |
Judge James Starzynski | |
| Turnover | 09/29/2011 | Dill v. Mataya (In re Indian Capitol Distributing, Inc.) |
Turnover action. section 542. 2011 WL 4543954. |
Judge James Starzynski | |
| Fraudulent Transfers | 09/29/2011 | Dill v. Mataya (In re Indian Capitol Distributing, Inc.) |
Post-petition transfer. section 549. 2011 WL 4547356. |
Judge James Starzynski | |
| Miscellaneous | 09/28/2011 | In re The Vaughan Company, Realtors |
Discussion of attorney-client privilege, burdens of proof, relationship between individual officer and corporate matters, work product rule, 5th Amendment issues |
Judge James Starzynski | |
| Discharge | 09/16/2011 | Bishop v. Mulholland |
A large number of material misstatements, inconsistencies, and omissions in debtors' Schedules and Statement of Financial Affairs culminate in finding of requisite knowledge and fraudulent intent that rises to the level of a "false oath" under 11 U.S.C. § 727(a)(4). Discharge was thusly denied. 2011 WL 4352293 (Bankr.D.N.M. 2011 J. Jacobvitz) |
Chief Judge Robert H. Jacobvitz |