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 | |
|---|---|---|---|---|---|
| Standing | 09/29/2010 | Bucchino v. Wells Fargo Bank, N.A. |
Debtors who had been denied access by a bank to funds in a bank account lacked standing to pursue a claim against the bank for willful violation of the stay where the debtors had made a claim of exemption as to the funds, but the exemption had not yet been allowed. |
Chief Judge Robert H. Jacobvitz | |
| Stay Violation | 09/29/2010 | Bucchino v. Wells Fargo Bank, N.A. |
A financial institution does not violate the stay by denying the debtors access to funds claimed as exempt before the exemption is allowed under circumstances in which the financial institution did not deny the chapter 7 trustee access to the funds, and within 24 hours after denying the debtors access to the funds, honored the trustee's request to release the funds to the debtors. __ B.R. __, 2010 WL 3911369 (Bankr.D.N.M. 2010 J. Jacobvitz) |
Chief Judge Robert H. Jacobvitz | |
| Default Judgment | 09/29/2010 | McCraney v. High Desert Neurology, Inc. (In re David Patrick McCraney and Kimberly McCraney) |
Core/non-core distinctions. Court reconsiders default judgment in case removed from state court. Rule 60(b). Bankruptcy Rule 9024. Requirements to discover HIPAA health information. 439 B.R. 188. |
Judge James Starzynski | |
| Dischargeability | 09/22/2010 | Chaparral Materials, Inc. v. Ramos |
The Retainage Act, §57-28-1 et. seq., NMSA 1978, does not impose a fiduciary duty on subcontractors to suppliers of the type contemplated by 11 U.S.C. § 523(a)(4). 2010 WL 3788242 (Bankr.D.N.M. 2010, J. Jacobvitz). |
Chief Judge Robert H. Jacobvitz | |
| Dischargeability | 09/21/2010 | Phoenix Equity Ventures, LLC v. Baillio (In re Troy Michael Baillio) |
Rule 52(c) (Bankruptcy Rule 7052) dismissal on partial findings; 523(a)(2)(A); 523(a)(2)(B); elements of actions; Court found that Plaintiff failed to prove it actually relied on Defendant's representations; even if it had, the reliance would not have been justifiable for the 523(a)(2)(A) claim, and not reasonable for the 523(a)(2)(B) claim. Misrepresentation was also not the proximate cause of Plaintiff's loss. 2010 WL 3782065. |
Judge James Starzynski | |
| Automatic Stay | 09/14/2010 | In re David Dwayne Benefield and Cynthia Sue Benefield |
362(c)(4); stay does not arise in third case filed within one year; finding of good faith filing of second case is not preclusive for good faith finding in third case; discussion of good faith versus bad faith; "objective futility test". 438 B.R. 709. |
Judge James Starzynski | |
| Judicial Liens - Avoidance | 09/10/2010 | In re Raymond L. Vigil |
Pro se debtor attempts to avoid foreclosed mortgage as judicial lien. |
Judge James Starzynski | |
| Attorneys Fees | 09/09/2010 | D'lya Anne Parsons |
Flat fee of $2,400 charged by debtor's counsel was not reasonable under the circumstances presented. Court reduced fee to $1,600.00. 2010 WL 3547601 (Bankr.D.N.M. Sept. 9, 2010, J. Jacobvitz). |
Chief Judge Robert H. Jacobvitz | |
| Credit Counseling | 09/08/2010 | In re Joe Bettencourt Borges and Maria Rocha Borges |
Section 109(h) credit counseling requirement; section 1112(b) is not a defense to (or exception to section 109(h)) dismissal for failure of a chapter 11 debtor to take prepetition credit counseling; court must dismiss for failure to satisfy section 109(h). 440 B.R. 551. |
Judge James Starzynski | |
| Dischargeability | 09/03/2010 | Cabrera v. Larranaga |
False pretenses under 11 U.S.C. § 523(a)(2)(A) can include an implied misrepresentation. A claim that the debtor applied the creditor's funds to pay for substandard work does not state a claim under 11 U.S.C. § 523(a)(4) for breach of fiduciary duty. The case also discussed the standard for establishing an objection to dischargeability under 11 U.S.C. § 523(a)(4) based on embezzlement. 2010 WL 3521732 (Bankr.D.N.M. 2010, J. Jacobvitz). See also, Larranaga II. |
Chief Judge Robert H. Jacobvitz |