Opinions
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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 | |
|---|---|---|---|---|---|
| Compromise, Fees, Professionals, Standing | 07/31/2015 | Picacho Hills Utility Company, Inc. |
Debtor and Debtor's principal objected to Chapter 7 Trustee's motion to approve settlement of fee application with Debtor's former counsel. Debtor and its principal argued that the settlement did not account for value of alleged malpractice claim estate could raise against the attorney. Trustee objected to standing arguing that the malpractice claim had little or no value. The Court ruled that Debtor and its principal had standing, but that the proposed settlement was fair, equitable, and in the best interest of creditors. |
Judge David T. Thuma | |
| Turnover | 07/23/2015 | Judith Wagner v. Michael Dreskin; et al; AP No. 13-1030 (Docket No. 160) |
The motion for judgment on the pleadings under Rule 12(c) was considered under the same standard as a motion to dismiss for failure to state a claim upon which relief can be granted under Rule 12(b)(6). Trustee failed to state a claim for turnover or an accounting under § 542(a) or (e). If the estate’s claim of ownership of property is in dispute, claims for turnover under § 542(a) must be coupled with a separate claim to avoid or recover a transfer for the benefit of the estate. Documents subject to turnover under § 542(e) must already be in existence; § 542(e) cannot, therefore, be relied upon to request a party to create an accounting. The documents trustee sought to recover did not relate to the debtors’ property or to the debtor’s financial affairs. |
Chief Judge Robert H. Jacobvitz | |
| Adversary, Discharge, Nondischargeability | 07/13/2015 | Ron G. Bustos et. al v. Jennifer Patricia Muller |
Defendant sought judgment on the pleadings under Fed. R. Civ. P. 12(c) of two claims in adversary complaint . The Court reviewed the pleadings and found that Plaintiffs met their burden in pleading claims for nondischargeability (523(a)(2)(A)) and denial of discharge (727(a)(6)). |
Judge David T. Thuma | |
| Administrative Claims, Chapter 13, Dismissal or Conversion | 07/10/2015 | In Re: Beuregard, Rule- Osburn, and Montano |
Chapter 13 trustee sought instructions about disbursing held funds after conversion of cases, in light of the Supreme Court ruling in Harris v. Viegelahn. The Court ruled that, upon conversion, all held funds must be returned to the debtors. |
Judge David T. Thuma | |
| Cause, Dismissal, Good Faith | 07/10/2015 | Angela C. McGuire-Pike and Richard S. Pike |
Creditor moved to dismiss Chapter 7 case on grounds of bad faith. The court weighed the evidence taken at trial, applied the relevant factors, and ruled that the movants did not carry their burden of proving bad faith. |
Judge David T. Thuma | |
| Adversary Proceedings - Procedural Matters, Jurisdiction, Res Judicata | 07/02/2015 | Marilyn M. Smelcer v. Citizens Bank of Kilgore et. al |
Liquidating agent for debtor's estate brought state law claims against secured lender. Lender moved to dismiss, arguing inter alia that the claims had not been reserved by the confirmed plan of liquidation. The court reviewed the case law and the plan language and granted the motion to dismiss. |
Judge David T. Thuma | |
| Waiver | 06/18/2015 | Eloy Martinez and Rosina Martinez; No. 7-10-11101 – Docket No. 210, entered 6/18/15 |
Upon conversion from Chapter 13 to Chapter 7, § 348(f)(1)(B) negates all valuations of property made while the bankruptcy case was proceeding under Chapter 13. The parties’ stipulation of value during the Chapter 13 case “for all purposes in the case” lacked specificity to establish that the parties intended the valuation to apply if the case converted to Chapter 7 or to waive application of § 348(f)(1)(B). The parties may present extrinsic evidence. For purposes of lien avoidance, the petition date, not the conversion date, is the operative date to determine value. |
Chief Judge Robert H. Jacobvitz | |
| Chapter 11, Dismissal or Conversion, Trustee | 06/11/2015 | Golden Park Estates, LLC, a New Mexico Limited Liability Company |
Major secured creditor moved to dismiss or convert chapter 11 case. U.S. Trustee moved to dismiss the case or appoint a Chapter 11 trustee. The court found that cause existed to convert, dismiss, or appoint a trustee. The court ruled that appointment of a trustee was the preferred course because of other debt that could be paid and because the debtor apparently had substantial equity. |
Judge David T. Thuma | |
| Attorneys Fees, Garnishment, Judicial Liens - Avoidance, Stay Violation | 05/29/2015 | Timothy Seigfried et al v. W. Byron Board |
Plaintiffs sought attorney's fees for Defendant's willful violation of the automatic stay. Court held that award of attorney's fees should be offset by Defendant's judicial lien on garnished wages that was not avoided. |
Judge David T. Thuma | |
| Compromise, Professionals | 05/15/2015 | Nancy Akbari-Shamirzakdi |
Liquidating Trustee moved to settle all of the estate's claims against the Debtor's former attorney. Debtor objected arguing the settlement ignored the value of alleged malpractice claims the estate could raise against the attorney. The court ruled that the proposed settlement was fair, equitable, and in the best interest of creditors. |
Judge David T. Thuma |