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 | |
|---|---|---|---|---|---|
| Chapter 13 | 07/30/2012 | Yaryan-Parks Trust v. Martinez (In re Patricia F. Martinez) |
Mobile home was included in bankruptcy estate despite state court foreclosure because debtor remained in possession and sale had not occured. Section 1322. Discusses remedies available under NM UCC. ___ B.R. ___, 2012 WL 3071227. |
Judge James Starzynski | |
| Attorneys Fees | 06/26/2012 | Kitts Development, LLC |
In a Chapter 11 case, whether the services benefitted the estate and therefore were necessary is a threshold requirement for attorney compensation; if counsel's services conferred no likely benefit to the estate, the fees are not compensable. "Benefit" to the estate is measured in part by considering whether the services were necessary to the administration of, or beneficial at the time which the service was rendered, the completion of, a case under this title. 2012 WL 2411856 (Bankr.D.N.M. 2012 J. Jacobvitz). |
Chief Judge Robert H. Jacobvitz | |
| Chapter 11, Dismissal or Conversion | 06/22/2012 | In re Rubin |
Court converts individual chapter 11 non-consumer debtors to chapter 7. Estate had been depleted approximately $11,700 per month for living expenses. Substantial or continuing loss to or diminution of the estate and absence of reasonable likelihood of rehabilitation. 2012 WL 2374240 |
Judge James Starzynski | |
| Chapter 11, Dismissal or Conversion | 06/08/2012 | In re Brutsche |
Conversion chapter 11 to chapter 7. Section 1112(b). Discussion of "rehabilitation" versus "reorganization." Continuing loss to estate. 476 B.R. 298. |
Judge James Starzynski | |
| Automatic Stay | 06/07/2012 | In re Acevedo |
Motion to continue automatic stay. Section 362(c)(3). 2012 WL 2062399. |
Judge James Starzynski | |
| Discharge | 05/24/2012 | Vencill v. Spain |
A discharge granted in a Chapter 7 case does not discharge a creditor's lien against property of the debtor. The discharge operates as an injunction against any act to collect a prepetition debt as a personal liability of the debtor. Case No. 11-10112-j7 (Bankr.D.N.M. J. Jacobvitz 2012). |
Chief Judge Robert H. Jacobvitz | |
| Dismissal | 05/23/2012 | Jean-Pierre Schafroth and Gertrud Schafroth |
A debtor does not have an absolute right to dismiss a voluntary Chapter 7 case. Whether dismissal should be granted falls within the Court's sound discretion. Case No. 11-13685-j7 (Bankr.D.N.M. J.Jacobvitz 2012). |
Chief Judge Robert H. Jacobvitz | |
| Automatic Stay, Chapter 11 | 05/17/2012 | Xtra Petroleum Transport, Inc. v. Brad Hall & Associates, Inc |
Discussion about whether the automatic stay applies to property which is not property of the estate. --B.R.--, 2012 WL 1804991 (Bankr.D.N.M. J.Jacobvitz 2012). |
Chief Judge Robert H. Jacobvitz | |
| Collateral Estoppel | 05/10/2012 | Doe et al v. Martinez et al |
A plea of "no contest" in a criminal proceeding does not satisfy the requirement that an issue be "actually litigated" in order to establish collateral estoppel under New Mexico law. 2012 WL 1641926 (Bankr.D.N.M. J. Jacobvitz 2012). |
Chief Judge Robert H. Jacobvitz | |
| Chapter 11 | 05/04/2012 | Cottonwood Corners Phase v LLC |
A debtor is required to include post-petition, pre-confirmation interest arrears as part of a secured creditor's claim, and to pay interest on such arrears, in order to satisfy 11 U.S.C. § 1129(b)(2)(A)(iii). Case no. 11-12663-j11 (Bankr.D.N.M. J.Jacobvitz 2012). |
Chief Judge Robert H. Jacobvitz |