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 | |
|---|---|---|---|---|---|
| Automatic Stay | 04/26/2011 | Cook v. Wells Fargo Bank, N.A. (In re Daniel William Cook and Yolanda T. Cook) |
Court denies request for injunctive relief against creditors and the state court judge and the state of New Mexico after automatic stay is terminated in the bankruptcy case. 2011 WL 1587355. |
Judge James Starzynski | |
| Adversary | 04/22/2011 | Gonzales v. Beery (In re Jerome Griggs Beery) |
Motion for judgment on the pleadings; Sections 549, 362. 452 B.R. 825. |
Judge James Starzynski | |
| Preference | 04/15/2011 | Montoya v. Tarin (In re Eli Tarin and Lilia Tarin) |
Section 550(b) transferee for value, in good faith, and without knowledge of the voidability of any payment. Defense to preference action. 2011 WL 1457336. |
Judge James Starzynski | |
| Dischargeability | 04/15/2011 | Bernal v. Baillio (In re Troy Michael Baillio and Jasmine Baillio) |
Section 523(a)(2)(A) nondischargeability fraud 2011 WL 1457323. |
Judge James Starzynski | |
| Relief from Stay | 04/12/2011 | Lari Graham Bollinger and Pam Kay Bollinger |
An ongoing post-petition default in a debtor's payment of regular mortgage payments can constitute sufficient cause for relief from the automatic stay under 11 U.S.C. § 362(d). The bankruptcy court enjoys wide latitude in crafting or conditioning relief from the automatic stay. 2011 WL 1380218 (Bankr.D.N.M. 2011 J. Jacobvitz). |
Chief Judge Robert H. Jacobvitz | |
| Chapter 13 | 04/12/2011 | In re Gerard Paul Rottiers and Amy Victoria Rottiers |
Section 109(e) eligibility (debt limits) for Chapter 13 filing. Discussion of "unliquidated" and "contingent". 450 B.R. 208. |
Judge James Starzynski | |
| Summary Judgment | 04/12/2011 | In re Gerard Paul Rottiers and Amy Victoria Rottiers |
Court denies summary judgment on Debtors' Claim objection. Contract with creditor was ambiguous as to correct parties to the contract, so there was material disputed fact issue. California law regarding contract interpretation. 449 B.R. 133. |
Judge James Starzynski | |
| Dismissal | 04/11/2011 | Gonzales v. Beery (In re Jerome Griggs Beery) |
Court denies debtor's motion to dismiss based on issue preclusion and lack of standing to assert other's rights. 2011 WL 1363792. |
Judge James Starzynski | |
| Damages | 04/08/2011 | Cabrera v. Larranaga |
Considers proximate cause and damages calculation for non-dischargeability claim under 11 U.S.C. § 523(a)(2)(A) against contractor who performed unlicensed plumbing work. 2011 WL 1344561 (Bankr.D.N.M. April 8, 2011, J. Jacobvitz). |
Chief Judge Robert H. Jacobvitz | |
| Dischargeability | 04/08/2011 | Cabrera v. Larranaga |
Considers proximate cause and damages calculation for non-dischargeability claim under 11 U.S.C. § 523(a)(2)(A) against contractor who performed unlicensed plumbing work. 2011 WL 1344561 (Bankr.D.N.M. April 8, 2011, J. Jacobvitz). |
Chief Judge Robert H. Jacobvitz |