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 | |
|---|---|---|---|---|---|
| Reconsideration | 12/21/2018 | Dawn Marie Davide and Christopher Lee Luttrell |
Debtors asked the court to reconsider an order approving their counsel’s final fee application. Since the fee order was a final order, the court reviewed it under Rule 60. The Court determined that the Debtors’ motion did not state a claim for relief under Rule 60 and denied the Debtors’ motion to reconsider. |
Judge David T. Thuma | |
| Automatic Stay, Relief from Stay | 12/12/2018 | MBF Inspection Services, Inc. |
Parties sought relief from automatic stay so that they could return to federal district court and pursue a pending class action lawsuit. The court weighed the relevant factors and determined that it would deny stay relief, subject to certain conditions. |
Judge David T. Thuma | |
| Adversary, Dischargeability, Nondischargeability, Res Judicata | 12/07/2018 | WLC Enterprises, Inc. v. Walter F. Rylant, III |
Plaintiff filed an adversary proceeding seeking a determination of nondischargeability of a state court judgment for breach of contract. The Court determined that Debtor's state court judgment was nondischargeable under § 523(a)(6) and that the findings and conclusions of the state court judge did not preclude a finding of nondischargeability. |
Judge David T. Thuma | |
| Employment of Professionals, Judicial Estoppel, Professionals | 12/07/2018 | Victor P. Kearney |
Debtor moved to employ the Dotson Law Firm, located in Nevada. The Dotson Law Firm had already filed a lawsuit in Nevada on behalf of the Debtor. The Court noted there was significant (estimated $1 million) administration costs, a small likelihood of any benefit to the estate, and that dismissal of the Nevada suit was highly probable. Thus, the Court denied the motion to employ. |
Judge David T. Thuma | |
| Adversary, Dischargeability, Nondischargeability, Res Judicata | 12/07/2018 | WLC Enterprises, Inc. v. Walter F. Rylant, III |
Plaintiff filed an adversary proceeding seeking a determination of nondischargeability of a state court judgment for breach of contract. The Court determined that Debtor's state court judgment was nondischargeable under § 523(a)(6) and that the findings and conclusions of the state court judge did not preclude a finding of nondischargeability. |
Judge David T. Thuma | |
| Implied Contract, Turnover, Unjust Enrichment | 10/25/2018 | Edward Mazel, Chapter 7 Trustee v. Lovelace Health System, Inc., Individually and d/b/a Heart Hospital of New Mexico at Lovelace Medical Center |
An action for turnover of a debt under 11 U.S.C. § 542(b) is limited to a presently payable undisputed debt. It is inappropriate to liquidate a breach of contract or unjust enrichment claim by a turnover motion.
|
Chief Judge Robert H. Jacobvitz | |
| Property of the Estate, Remand, Standing, Turnover | 10/24/2018 | New Mexico Health Care Assn., Inc. v. Plaza De Retiro Inc. et al |
Plaintiff filed an interpleader action in state court, seeking determination of the proper recipients of a fund of money. Defendant removed the action and filed a motion for turnover of the fund. Another Defendant objected to turnover and sought remand, arguing that the case had been closed for three years, so the court lacked jurisdiction. The court determined that it did have jurisdiction, granted the motion for turnover, and denied the motion to remand. |
Judge David T. Thuma | |
| Abstention, Remand | 10/17/2018 | Victor Kearney v. Louis Abruzzo et al |
Debtor removed pending state court action, and creditor filed a motion to abstain and remand. The court held that it was required to remand under mandatory abstention, and that it should abstain and/or remand under the permissive abstention standard. |
Judge David T. Thuma | |
| Jurisdiction, Standing, Summary Judgment | 10/15/2018 | Marvis Wynn et al v. Innovations Credit Union |
Defendant filed for summary judgment on all claims. The court dismissed the claims filed by the non-debtor co-plaintiff for lack of subject matter jurisdiction, and granted summary judgment against the debtor plaintiff because he did not support his position with any evidence. |
Judge David T. Thuma | |
| Adversary Proceedings - Procedural Matters, Limitation of Actions | 10/03/2018 | Franco v. Franco et al |
Plaintiff filed a motion to amend her complaint to reassert a count for slander of title, 13 months after the court dismissed a similar count under Rule 12(b)(6). The court denied the motion, on the bases of undue delay, futility, and undue prejudice. |
Judge David T. Thuma |