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 | 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 | |
| Dischargeability | 07/30/2010 | Los Alamos National Bank v. Martinez |
Discusses whether a claim for non-dischargeability is negated when a loan procured by fraud is novated or refinanced and consolidated with other loans not procured by fraud. 2010 WL 3069978 (Bankr.D.N.M. 2010, J. Jacobvitz). |
Chief Judge Robert H. Jacobvitz | |
| Collateral Estoppel | 07/29/2010 | The Hanover Packard Group, LLC. v. Blackwell |
Discusses the privity requirement to use collateral estoppel to establish facts in a non-dischargeability action; no privity found. 2010 WL 3037583 (Bankr.D.N.M. 2010, J. Jacobvitz) |
Chief Judge Robert H. Jacobvitz | |
| Agency Liability | 07/27/2010 | Gonzales v. Miller |
Discusses when an attorney may be held personally liable as an agent for an undisclosed principal. |
Chief Judge Robert H. Jacobvitz | |
| Dismissal or Conversion | 07/21/2010 | In re ARS Analytical, LLC |
Section 1112, conversion or dismissal, grounds. 433 B.R. 848. |
Judge James Starzynski | |
| Dischargeability | 07/12/2010 | First New Mexico Bank v. Bruton |
Inclusion of words "in trust' in security agreement is insufficient in and of itself to create fiduciary relationship within the meaning of 11 U.S.C. § 523(a)(4). Liabilitly cannot be imputed to debtor who does not participate in alleged wrongdoing for purposes of non-dischargeability under 11 U.S.C. § 523(a)(6). Opinion also discusses imputed liability under 11 U.S.C. § 523(a)(2)(A). 2010 WL 2737201 (Bankr.D.N.M., 2010 J. Jacobvitz) |
Chief Judge Robert H. Jacobvitz | |
| Reaffirmation Agreements | 07/12/2010 | Maria Magdalena Perez |
Reaffirmation Agreements are unenforceable if attorney fails to make all three certifications as required under 11 U.S.C. § 524(c). Court has no power to render the agreement enforceable by approving it. Creditor may not exercise remedies under 11 U.S.C. § 521(d) or § 362(h) where debtor has taken all required steps to reaffirm the debt, notwithstanding the unenforceability of the agreement. 2010 WL 2737187 (Bankr.D.N.M. 2010, J. Jacobvitz). |
Chief Judge Robert H. Jacobvitz |