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 | |
|---|---|---|---|---|---|
| Avoidance Actions, Fraudulent Transfers, Good Faith, Ponzi Scheme Issues | 05/24/2013 | Wagner v. Ultima Homes, Inc. |
In a case involving a Ponzi scheme, the Court found that: (1) the Chapter 11 trustee had standing to pursue her fraudulent transfer claims; and (2) such claims were not barred by ERISA’s anti-alienation provision or exclusive benefit rule. The Court also established the framework for analyzing the good faith defense under 11 U.S.C. §548(c). Adv. No. 12-1110 (Bkrtcy.D.N.M. May 24, 2013). |
Chief Judge Robert H. Jacobvitz | |
| Class Action, Damages, Reconsideration | 05/21/2013 | Montano et al. v. First Light Federal Credit Union |
"Opinion on class plaintiffs' motion to reconsider decertification order, and discussing recent Supreme Court case on class-wide proof of damages." |
Judge David T. Thuma | |
| Collateral Estoppel, Judicial Estoppel, Res Judicata, Summary Judgment, Waiver | 05/14/2013 | Baker v. The Bank of New York, et al |
Memorandum opinion denying defendants' motion for summary judgment on re judicata and/or collateral estoppel grounds |
Judge David T. Thuma | |
| Dischargeability, Dismissal | 05/09/2013 | Midas Auto Sales, Inc. v. Michael Allen Holley |
Defendant's motion to dismiss the adversary proceeding with prejudice denied. Plaintiff to file an amended complaint. |
Judge David T. Thuma | |
| Limitation of Actions, Time | 05/08/2013 | United States Trustee v. Ivan C. Brutsche |
Defendant's motion to dismiss the adversary proceeding denied because the U.S. Trustee's complaint was filed within the one-year limitation period set forth in 11 U.S.C. § 727(e)(1). |
Judge David T. Thuma | |
| Abstention, Chapter 11, Dismissal or Conversion, Public Utility, Turnover | 04/26/2013 | Picacho Hills Utility Company, Inc. |
Motion to dismiss for bad faith filing; Motion to abstain pursuant to § 305; and Motion to excuse compliance with § 543(a). |
Judge David T. Thuma | |
| Collateral Estoppel | 04/24/2013 | Doe et al v. Martinez et al |
Plaintiffs were entitled to summary judgment on § 523(a)(6) non-dischargeability claim based on application of Arizona statute which provides that a defendant who is convicted in a criminal proceeding is precluded from denying the allegations of the criminal offense in a subsequent civil proceeding brought by the victim, even if the criminal judgment resulted from a plea of no contest. (2013 WL 1755187 (Bankr.D.N.M. 2013); Case No. 7-09-15002 JL;AP No. 10-1039- Docket 66) |
Chief Judge Robert H. Jacobvitz | |
| Chapter 11, Confirmation | 04/05/2013 | Deming Hospitality LLC |
Debtor's amended disclosure statement argument. |
Judge David T. Thuma | |
| Contract Interpretation | 04/04/2013 | Western Wood Products, Inc., v. Western Pellet Products, LLC., |
Debtor sought to reject contract and unexpired lease, but there was insufficient evidence before the court to determine whether debtor exercised proper business judgment. Court determined that defendant was not in default under the terms of the lease or the contract, but the debtor breached the contract which would entitle the defendant to damages in the event the debtor rejected the contract and the lease. Court may look to course of dealing, course of performance, and usage of trade to interpret the meaning of a contract. 2013 WL 1386285 (Bankr. D.N.M. April 4, 2013); Case No. 11-12-10057; AP No. 12-1172 J – Docket No. 30. |
Chief Judge Robert H. Jacobvitz | |
| Contract Interpretation | 04/04/2013 | Western Wood Products, Inc. v. Western Pellet Products, LLC |
Debtor sought to reject contract and unexpired lease, but there was insufficient evidence before the court to determine whether debtor exercised proper business judgment. Court determined that defendant was not in default under the terms of the lease or the contract, but the debtor breached the contract which would entitle the defendant to damages in the event the debtor rejected the contract and the lease. Court may look to course of dealing, course of performance, and usage of trade to interpret the meaning of a contract. (2013 WL 1386285 (Bankr. D.N.M. April 4, 2013); Case No. 11-12-10057; AP No. 12-1172 J – Docket No. 30) |
Chief Judge Robert H. Jacobvitz |