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 | 10/28/2004 | Sutro-Sandia Corporation |
Court sua sponte terminates stay one day after petition filed in abusive filing case; U.S. Magistrate's Proposed Findings and Conclusions, 04-17848.21 (2/23/05); U.S. District Court adopted Magistrate's FFCL, 04-17848.22 (3/29/05), as amended 04-17848.24 (4/7/05), and on appeal to Tenth Circuit, 04-17848.26 (5/9/05), appeal dismissed as moot, 180 Fed.Appx. 35 (10th Cir. 2006). |
Judge James Starzynski | |
| Attorneys Fees | 10/18/2004 | Angel Fire Resort Operations, LLC., v. Lewis Pierce (In re Angel Fire Corporation) |
Court may award fees and costs incurred as a result of removal upon remand. 28 USC 1447(c). |
Judge James Starzynski | |
| Abstention | 10/15/2004 | Heller Financial, Inc., et al. v. Joe G. Maloof & Co. (In re Furr's Supermarkets, Inc.) |
Court abstained from claims by Furr's secured lenders against liquor wholesalers on issues as yet undecided by state law. 28 USC 1334(c). (same opinion entered in 6 different adversaries brought by same plaintiff) |
Judge James Starzynski | |
| Summary Judgment | 10/15/2004 | Robert Lendell Carver and Rosalie Diane Carver |
Rule 56 summary judgment proceeding re: lien avoidance, 522(f). Full faith & credit re: void California judgment entered without proper service or minimum contacts. |
Judge James Starzynski | |
| Summary Judgment | 10/15/2004 | VDP, Inc. v. Kendal M. Emory (In re VDP, Inc.) |
One Defendant's motion for summary judgment denied for question of fact. Procedures required by NM LBR 7056-1. |
Judge James Starzynski | |
| Summary Judgment | 10/15/2004 | VDP, Inc. v. Kendal M. Emory (In re VDP, Inc.) |
One Defendant's motion for summary judgment denied for question of fact. Procedures required by NM LBR 7056-1. |
Judge James Starzynski | |
| Summary Judgment | 10/15/2004 | VDP, Inc. v. Kendal M. Emory (In re VDP, Inc.) |
Court denied Plaintiff's motion for summary judgment, Rule 56, on a defendant's counterclaim on issue of damages. Affidavit contradicted earlier sworn testimony. |
Judge James Starzynski | |
| Miscellaneous | 10/15/2004 | VDP, Inc. v. Kendal M. Emory (In re VDP, Inc.) |
FRCP 56(f) motion must precisely state how additional discovery will lead to a genuine issue of material fact. |
Judge James Starzynski | |
| Adversary | 10/15/2004 | VDP, Inc. v. Kendal M. Emory (In re VDP, Inc.) |
Court denied Plaintiff's motion to amend or supplement complaint, Rule 15(a), Rule 15(d). Factors. |
Judge James Starzynski | |
| Preference, Trustee | 10/15/2004 | Yvette Gonzales v. Food Marketing Group (In re Furr's Supermarkets, Inc.) |
Offset (553(a)) and recoupment held inapplicable as defenses to trustee's preference claim, 547, and claim for postpetition overpayment to creditor during the chapter 11; 320 B.R. 1 (Bankr. D. N.M. 2004). Reconsideration by Defendant denied, 02-1173.72 (4/15/05) |
Judge James Starzynski |