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 | |
|---|---|---|---|---|---|
| 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 | |
| Jurisdiction | 04/07/2011 | Atwood v. GE Money Bank et al |
Remedy for willful stay violation under the Bankruptcy Code does not preclude debtor-plaintiff from also asserting a claim under the federal Fair Debt Collection Practices Act (FDCPA) or other state law. However, debtor-plaintiff's claims under the FDCPA and state law did not fall within the Court's "related-to" jurisdiction. ___ B.R. ___, 2011 WL 1331974 (Bankr.D.N.M. Apr. 7, 2011, J. Jacobvitz). |
Chief Judge Robert H. Jacobvitz | |
| Relief from Stay | 04/06/2011 | In re Daniel William Cook and Yolanda Teresa Cook |
Debtor lacks standing to bring stay motions trustee did not. Rooker-Feldman doctrine prevents federal courts from reversing state court final decisions. 2011 WL 1321376. |
Judge James Starzynski | |
| Summary Judgment | 04/06/2011 | Ryan v. Foxworth-Galbraith Lumber Co. (In re Jack's Construction, Inc.) |
Summary judgment. Ordinary course of business defense to preference after BAPCPA. Section 547. 2011 WL 1321386. |
Judge James Starzynski | |
| Summary Judgment | 04/06/2011 | McGuire v. Franklin (In re James W. Franklin) |
Court denies second motion for summary judgment that added no new legal theories or dispositive facts to first motion. 2011 WL 1303316. |
Judge James Starzynski | |
| Trustee | 04/04/2011 | Montoya v. Campos (In re Eli Tarin and Lilia Tarin) |
Trustee cannot recover from daughter amounts spent by parents on her wedding celebration because debtors received equivalent value in the form of hall rental, food, band, etc. Section 548. 454 B.R. 179 |
Judge James Starzynski | |
| Dischargeability | 04/01/2011 | Alam v. Hossain |
Discusses whether the doctrine of equitable tolling applies to extend the deadline for filing a dischargeability complaint. Adv. No. 10-1183 (Bankr.D.N.M. 2010, J. Jacobvitz). |
Chief Judge Robert H. Jacobvitz |