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 | |
---|---|---|---|---|---|
Exemptions | 03/17/2011 | Harold Wayne Ramey and Eula Mae Ramey |
Debtors could not claim homestead exemption in property adjacent to their residence. Adjacent property had separate address, was separated from the debtors' residence by a chain link fence, and was used by the debtors as a rental property. |
Chief Judge Robert H. Jacobvitz | |
Dismissal or Conversion | 03/16/2011 | In re Alex Lobera |
Court denies motions to dismiss or to convert to chapter 11. Debtor is a chapter 7 non-consumer debtor. Court finds that 707(b) does not apply, and further finds that there is no good faith filing requirement for chapter 7 non-consumer debtors. 707(a), 707(b), 706(b). 454 B.R. 824. |
Judge James Starzynski | |
Adversary | 03/15/2011 | Garrett et al. v. Cook (In re Daniel William Cook and Yolanda T. Cook) |
Court grants plaintiffs' motion to dismiss derivative claims they had brought for the benefit of a corporation in which they and the Cooks were stockholders. FRCP 41. 444 B.R. 207. |
Judge James Starzynski | |
Attorneys Fees | 03/11/2011 | Gregory James Weaver and Mary Janine Weaver |
Discusses reasonableness of attorneys' fees charged by debtor's counsel in Chapter 13 case. 2011 WL 867136 (Bankr.D.N.M. Mar. 11, 2011, J. Jacobvitz). |
Chief Judge Robert H. Jacobvitz | |
Dischargeability | 03/08/2011 | Hawks Holdings, LLC v. Kalinowski |
Sole named managing member and de facto manager of limited liability company acted within a fiduciary capacity for purposes of 11 U.S.C. §523(a)(4). __ B.R. ___, 2011 WL 841185 (Bankr.D.N.M. March 8, 2011, J. Jacobvitz). |
Chief Judge Robert H. Jacobvitz | |
Dischargeability | 03/03/2011 | Valentine v. Valentine |
Ability to pay is not relevant under 11 U.S.C. § 523(a)(15). Debt arising from Final Decree and Minute Order issued in dissolution of marriage proceeding is either non-dischargeable under 11 U.S.C. § 523(a)(5) because it is a domestic support obligation, or it is nondischargeable under 11 U.S.C. § 523(a)(15) because it is not a domestic support obligation. Whether plaintiff could enforce her non-dischargeable judgment against defendant's Veteran's Disability Benefits is an issue for the state court. 2012 WL 830621 (Bankr.D.N.M. March 3, 2011, J. Jacobvitz). |
Chief Judge Robert H. Jacobvitz | |
Bankruptcy Petition Preparers | 02/28/2011 | United States Trustee v. McIntire d/b/a The Bankruptcy Store, LLC |
Bankruptcy petition preparer (BPP) who adivised clients whether to elect state or federal exemption scheme gave legal advice in violation of 11 U.S.C. § 110. Injunction issued against BPP prohibiting him from giving legal advice. Court did not enjoin BPP from acting as a BPP under 11 U.S.C. § 110(j)(2)(B). 446 B.R. 531 (Bankr.D.N.M. 2011, J. Jacobvitz). |
Chief Judge Robert H. Jacobvitz | |
Dismissal | 02/15/2011 | Titus William Linville and Shannon Marie Linville |
Dismissal for Abuse - 11 U.S.C. § 707(b). Above median-income debtors whose actual mortgage payment was greater than the IRS local standards could not take both deductions and could not claim college expenses of adult children as an allowable expendse deduction under the means test. Payment of adult children's college expenses did not constitute a "special circumstance" sufficient to rebut the presumption of abuse. Court gives debtors an opportunity to convert to Chapter 13. 446 B.R. 522 (Bankr.D.N.M. 2011, J. Jacobvitz). |
Chief Judge Robert H. Jacobvitz | |
Default Judgment | 02/11/2011 | Blanding v. Mendez (In re Robert R. V. Mendez and Bernadette E. Mendez) |
Rule 56(c), setting aside a default or a default judgment. Defendant must establish three elements. Motion denied, defendant was culpable in not answering and lacked meritorious defense. 444 B.R. 439. |
Judge James Starzynski | |
Dischargeability | 02/11/2011 | Sanchez v. Lovato (In re Rodolfo Lovato and Lisa Lovato) |
Court sua sponte reverses earlier decision on dischargeability, determining that Plaintiffs had not in fact proved proximate cause. 442 B.R. 810. |
Judge James Starzynski |