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 | 09/14/2010 | In re David Dwayne Benefield and Cynthia Sue Benefield |
362(c)(4); stay does not arise in third case filed within one year; finding of good faith filing of second case is not preclusive for good faith finding in third case; discussion of good faith versus bad faith; "objective futility test". 438 B.R. 709. |
Judge James Starzynski | |
| Judicial Liens - Avoidance | 09/10/2010 | In re Raymond L. Vigil |
Pro se debtor attempts to avoid foreclosed mortgage as judicial lien. |
Judge James Starzynski | |
| Attorneys Fees | 09/09/2010 | D'lya Anne Parsons |
Flat fee of $2,400 charged by debtor's counsel was not reasonable under the circumstances presented. Court reduced fee to $1,600.00. 2010 WL 3547601 (Bankr.D.N.M. Sept. 9, 2010, J. Jacobvitz). |
Chief Judge Robert H. Jacobvitz | |
| Credit Counseling | 09/08/2010 | In re Joe Bettencourt Borges and Maria Rocha Borges |
Section 109(h) credit counseling requirement; section 1112(b) is not a defense to (or exception to section 109(h)) dismissal for failure of a chapter 11 debtor to take prepetition credit counseling; court must dismiss for failure to satisfy section 109(h). 440 B.R. 551. |
Judge James Starzynski | |
| Dischargeability | 09/03/2010 | Cabrera v. Larranaga |
False pretenses under 11 U.S.C. § 523(a)(2)(A) can include an implied misrepresentation. A claim that the debtor applied the creditor's funds to pay for substandard work does not state a claim under 11 U.S.C. § 523(a)(4) for breach of fiduciary duty. The case also discussed the standard for establishing an objection to dischargeability under 11 U.S.C. § 523(a)(4) based on embezzlement. 2010 WL 3521732 (Bankr.D.N.M. 2010, J. Jacobvitz). See also, Larranaga II. |
Chief Judge Robert H. Jacobvitz | |
| Discharge Injunction | 08/23/2010 | Buke, LLC a New Mexico limited liability company v. Eastburg |
The case discusses the circumstances under which a plaintiff may continue to prosecute a cause of action against a debtor in state court after the debtor is granted a discharge and while a creditor's non-dischargeability action is pending. __ B.R. __, 2010 WL 3371091 (Bankr.D.N.M. 2010, J. Jacobvitz). |
Chief Judge Robert H. Jacobvitz | |
| Automatic Stay | 08/20/2010 | In re David Dwayne Benefield and Cynthia Sue Benefield |
Court declares stay not in effect under section 362(c)(4) in third case filed within one year. Motion for stay relief is moot. 438 B.R. 706. |
Judge James Starzynski | |
| Summary Judgment | 08/13/2010 | Cago, Inc. v. Slade |
Affidavit not made on personal knowledge is insufficient to support a motion for summary judgment, 2010 WL 3239131 (Bankr.D.N.M. 2010, J. Jacobvitz) |
Chief Judge Robert H. Jacobvitz | |
| Dismissal or Conversion | 08/13/2010 | In re Shari L. Garcia |
Stipulations are enforceable contracts that should be enforced by the court. Rule 59. Motion to reconsider, grounds therefor. Chapter 13 debtor may not convert after an order of dismissal. 434 B.R. 638. |
Judge James Starzynski | |
| Administrative Claims | 08/03/2010 | In re Market Center East Retail Property, Inc. |
Calculation of amounts due under note; determination of 502 and 506 claims; determination of secured status; default interest and late fees; issue of liquidated damages versus penalty, test to distinguish; attorney fees allowed in note. 433 B.R. 335 |
Judge James Starzynski |