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 | |
|---|---|---|---|---|---|
| Dischargeability | 05/27/2011 | Comstock v. Rodriguez |
Whether a debt arising from a divorce proceeding is non-dischargeable under 11 U.S.C. § 523(a)(5) or 11 U.S.C. § 523(a)(15) determines whether a debt is entilted to prioirty treatment under 11 U.S.C §507(a). Relevant time for determining the nature of the debt is at the time of the divorce; plaintiff's intent to use the funds as support under her present financial circumstances is not relevant. Fact issues regarding the intent of the parties and the purpose the debt was intended to serve at the time of the divorce precluded summary judgment. 2011 WL 2119008 (Bankr.D.N.M. May 27, 2011, J. Jacobvitz). |
Chief Judge Robert H. Jacobvitz | |
| Dischargeability | 05/05/2011 | Taylor v. Taylor |
Judgment for overpayment of spousal support could not support a claim under 11 U.S.C. § 523(a)(2)(A) where plaintiff knew of defendant-debtor's alleged misrepresentation at the time he sought to recover the overpayment. Debt for overpayment of spousal support does not automatically retain its character as support for purposes of 11 U.S.C. § 523(a)(5). Debt for overpayment of spousal support could support a non-dischargeability claim under 11 U.S.C. § 523(a)(15). Taylor v. Taylor (In re Taylor), 455 B.R. 799 (Bankr.D.N.M. 2011, J. Jacobvitz) and Taylor v. Taylor (In re Taylor) AP No. 11-1020 J (Docket No.23), aff'd, ___ B.R. ___, 2012 WL 3839318 (10th Cir. BAP 2012). |
Chief Judge Robert H. Jacobvitz | |
| Appeals | 05/04/2011 | In re Market Center East Retail Property, Inc. |
Requirements to obtain a stay pending appeal. 2011 WL 1674841. |
Judge James Starzynski | |
| Automatic Stay | 04/28/2011 | Cook v. Wells Fargo Bank, N.A. (In re Daniel William Cook and Yolanda T. Cook) |
Court denies TRO and preliminary injunctive relief to stop a state court from proceeding to deal with property Chapter 7 debtor claims is in estate. Debtor lacks standing. And, stay previously lifted. Section 362(c). 2011 WL 1675299. |
Judge James Starzynski | |
| 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 |