Opinions

 

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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
Dischargeability     08/26/2011     Folson Farm Corp. v. Casey (In re Shannon Patrick Casey and Shawna Casey)     

Perishable Agricultural Commodities Act, PACA, 7 USC section 499, creates a trust for which debtor is a fiduciary under section 523(a)(4).  Segregation of funds not required.  2011 WL 3799243.

 Judge James Starzynski
Chapter 13     08/25/2011     In re Johnathan Eugene Moberg and Jessica Diane Moberg     

Discussion of party in interest and standing to object to confirmation of chapter 13 plan.  2011 WL 3745889.

 Judge James Starzynski
Discharge     08/15/2011     Carol Ferri     

The best interests of creditors is not the only factor the Court must consider when ruling on a debtor's motion for waiver of discharge under 11 U.S.C. § 727(a)(10). Some other factors include the potential for expensive duplicative litigation in multiple fora, whether the creditors are seeking a monetary judgment, and whether continuing proceedings would result in expensive litigation.  2011 WL 3962117 (Bankr.D.N.M. 2011 J. Jacobvitz)

 Chief Judge Robert H. Jacobvitz
Chapter 11     08/12/2011     Platinum Oil Properties, LLC     

A confirmed Chapter 11 plan is binding on all parties described in 11 U.S.C. § 1141(a) who received proper notice. Sovereign immunity is abrogated thereunder as well, pursuant to 11 U.S.C. § 106(a)(1). Additionally, under 11 U.S.C. § 1123(a)(5), applicable nonbankruptcy laws that would interfere with a debtor's means for implementing a plan can be preempted, although this area of law is unsettled.  2011 WL 3585828 (Bankr.D.N.M. 2011 J. Jacobvitz).

 Chief Judge Robert H. Jacobvitz
Automatic Stay     08/09/2011     In re Daniel William Cook and Yolanda T. Cook     

Property not administered by trustee during case is abandoned at closing, absent an order to the contrary.  Chapter 7 debtor may not assert the Chapter 7 trustee's possible actions for violation of the automatic stay on theory that trustee intended to abandon all assets (including non-scheduled property).  Automatic Stay does not prohibit responses to actions filed by the debtor.  2011 WL 3501844.  aff'd,  2012 WL 1356490 (10th Cir. BAP 4/19/2012).

 Judge James Starzynski
Dischargeability     08/08/2011     Grove v. Beaver (In re John Beaver and Susan Beaver)     

Memo on motion for summary judgment on section 523(a)(2), (4) and (6) claims arising out of construction of house.  (a)(4) claim denied due to no allegation that funds were advanced as required for In re Romero, 535 F.2d 618 (10th Cir. 1996) liability.  (a)(6) claim denied due to question of fact regarding "wilful and malicious".  (a)(2) claim denied due to question of fact regarding intent to deceive.  454 B.R. 184.

 Judge James Starzynski
Recusal     08/01/2011     Lari Graham Bollinger and Pam Kay Bollinger     

A bankruptcy judge is not required to recuse himself when a debtor sues him for actions taken in a judicial capacity. Unless pervasive bias is shown, the alleged bias requiring recusal must be based on extra-judicial conduct.  2011 WL 3276240 (Bankr.D.N.M. 2011 J. Jacobvitz).

 Chief Judge Robert H. Jacobvitz
Avoidance Actions     07/05/2011     Montoya v. Battaglia     

An individual who does not normally rent out her home, but rents to debtor when debtor's home burns down and then delays collecting rent until insurance proceeds have been received and receives payment on the eve of a bankruptcy filing, cannot sustain an "ordinary course of business or financial affairs" defense to trustee's claim of an avoidable preference under 11 U.S.C. § 547(c)(2)(A).  2011 WL 2632171 (Bankr.D.N.M. 2011 J. Jacobvitz).

 Chief Judge Robert H. Jacobvitz
Avoidance Actions     07/01/2011     Ryan v. Montoya     

There is no presumption of insolvency when trustee pursues a fraudulent transfer action under 11 U.S.C. § 548(a)(1)(B). Insolvency may not be inferred solely from fact that debtor commenced bankruptcy case five weeks after transfer. Also contains a brief discussion of the four ways to establish the fourth element of a fraudulent transfer claim under § 548(a)(1)(B)(ii).  2011 WL 2619609 (Bankr.D.N.M. 2011 J. Jacobvitz).

 Chief Judge Robert H. Jacobvitz
Summary Judgment     06/29/2011     Billings v. Escalante     

Summary Judgment Denied when Genuine Issue of Material Fact Exists,  2011 WL 2600717 (Bankr.D.N.M. J.Jacobvitz June 29, 2011). Plaintiff's Motion for Summary Judgment on section 523(a)(2)(A) claim denied when Defendant's deposition testimony and answers to interrogatories put at issue whether Plaintiff had actual knowledge about the falsehood in Defendant's alleged false pretenses. If Plaintiff had knowledge, Plaintiff could not demonstrate reliance, a necessary element of a claim under section 523(a)(2)(A).

 Chief Judge Robert H. Jacobvitz

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