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 11 | 02/17/2012 | Cottonwood Corners Phase V, LLC, a New Mexico limited liability company |
Another In re Cottonwood Corners Phase V LLC opinion discusses a number of confirmation issues, including: whether a claim is impaired or cured under § 1124; the doctrine of artificial impairment; how to calculate interest rates under the Supreme Court case Till v. SCS Credit Corp. , 541 U.S. 465 (2004); cramdown, generally; some effects of Stern v. Marshall , 131 S.Ct. 2594 (2011); and plan feasibility. Case No. 11-12663-j11 (Bankr.D.N.M. J.Jacobvitz 2012). |
Chief Judge Robert H. Jacobvitz | |
| Automatic Stay | 02/16/2012 | In re Ralph Leo Brutsche |
Automatic stay litigation. Section 362. 2012 WL 526047. |
Judge James Starzynski | |
| Chapter 13 | 02/08/2012 | Fred Dale Van Winkle |
A Chapter 13 plan to be funded by the liquidation of property is conditionally approved. 2012 WL 404956 (Bankr.D.N.M. 2012). |
Chief Judge Robert H. Jacobvitz | |
| Exemptions | 02/07/2012 | Yhoshua Cohen and Pamela Penrod |
A person who occupies a dwelling house on land owned by another may claim a homestead exemption if the person is leasing or purchasing the dwelling. The amount of the exemption is limited to the value of that person's property interest. 2012 WL 400719 (Bankr.D.N.M. J. Jacobvitz 2012). |
Chief Judge Robert H. Jacobvitz | |
| Joint Petitions | 02/07/2012 | Yhoshua Cohen and Pamela Penrod |
A party challenging whether two debtors were actually married and thus permitted to file a joint bankruptcy petition has the burden of proving, by clear and convincing evidence, that the alleged marriage is actually invalid. 2012 WL 400715 (Bankr.D.N.M. J. Jacobvitz 2012). |
Chief Judge Robert H. Jacobvitz | |
| Adversary Proceedings - Procedural Matters | 02/03/2012 | Westmoreland v. Westmoreland |
Motions to Dismiss: A complaint is sufficiently specific if it gives the defendant fair notice of the claim and the grounds upon which it rests. Westmoreland v. Westmoreland. 2012 WL 369423 (Bankr.D.N.M. J. Jacobvitz 2012). |
Chief Judge Robert H. Jacobvitz | |
| Abstention | 01/31/2012 | Phoenix Energy Services v. Phoenix Environmental, LLC (In re Phoenix Environmental, LLC) |
Abstention in pending state court case removed to bankruptcy court. Discusses core/non-core distinctions. 2012 WL 279446. |
Judge James Starzynski | |
| Exemptions | 01/24/2012 | Eloy T. Martinez and Rosina T. Martinez |
One must have an economic interest in a property in order to claim it as part of the homestead exemption under New Mexico law. Simply occupying a dwelling as a residence is insufficient. 469 B.R.74 (Bankr.D.N.M. J.Jacobvitz 2012). |
Chief Judge Robert H. Jacobvitz | |
| Dischargeability | 01/20/2012 | Comstock v. Rodriguez |
Discussing 11 U.S.C. 523(a)(5) versus (a)(5). 2012 WL 174309 (Bankr.D.N.M. J.Jacobvitz 2012). |
Chief Judge Robert H. Jacobvitz | |
| Dischargeability | 12/12/2011 | First New Mexico Bank v. Bruton |
When a tort committed by one spouse benefits the marriage community, the debt arising from such tort may be satisfied from community property. However, the innocent spouse is not personally liable for the debt and that innocent spouse's separate property is not available to satisfy creditors. 2011 WL 6148702 (Bankr.D.N.M. 2011, J. Jacobvitz). |
Chief Judge Robert H. Jacobvitz |