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.
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| Keywords/Topic | Date | Title | Description | Judge | |
|---|---|---|---|---|---|
| Adversary | 08/31/2022 | S-Tek 1, LLC v. Surv-Tek, Inc. et al. |
Guarantors of Debtor’s note did not have their liability reduced by the bankruptcy limitations on the amount of the allowed claim against the Debtor. Bankruptcy limitations on the allowed amount of a claim (such as limitations on post-petition interest or lease rejection damages) change the Debtor’s liability for the debt but do not affect the underlying indebtedness, which is what the Guarantors guaranteed. The Guarantors’ liability was also not reduced by the language of the guaranty, which stated that the Guarantors guaranteed the debt of the Debtor; Tenth Circuit precedent rejected such argument. Finally, parol evidence was not admissible to construe the guaranty because the Guarantors’ offer of proof regarding what evidence would show did not demonstrate a patent nor latent ambiguity. Thus, the Guarantors are liable for the full amount that would have been owed by the Debtor under non‑bankruptcy law had no bankruptcy case been filed. |
Chief Judge Robert H. Jacobvitz | |
| Adversary, Chapter 13, Summary Judgment | 08/15/2022 | Iron Horse Welding, LLC . Jody Lee Beach and Rhonda B. Beach |
Plaintiff brought an adversary proceeding, alleging that Defendants embezzled $136,342.67 and seeking a nondischargeable judgment. Defendants moved for partial summary judgment, arguing that most of the alleged instances of embezzlement were time barred. Plaintiff argued that all claims should be allowed because the discovery rule provided an exception to the four-year statute of limitations. The Court granted Defendants’ motion, reasoning that discovery rule did not save the claims because, had Plaintiff exercised ordinary diligence, it would have discovered the alleged embezzlement instantly. a
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Judge David T. Thuma | |
| Adversary | 08/03/2022 | Philip Montoya, Chapter 7 Trustee v. William S. Ferguson et al |
Defendants moved to exclude Plaintiff’s expert witness from testifying at trial, arguing that the expert was being paid a contingent fee, which disqualified him from testifying. Defendants also argued that the expert’s testimony should be excluded under the Daubert “junk science” rule. The Court overruled the contingent fee argument and deferred ruling on the Daubert argument until the conclusion of trial. adv
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Judge David T. Thuma | |
| Adversary, Summary Judgment | 07/15/2022 | Philip Montoya, Chapter 7 Trustee v. William S. Ferguson et al |
Parties filed cross-motions for summary judgment. The Court denied both motions, reasoning material fact issues precluded summary judgment. |
Judge David T. Thuma | |
| Chapter 13, Extension of Time, Rooker-Feldman | 07/01/2022 | Michael Jacques Jacobs |
Debtor sought to vacate and reschedule the final hearing on the United States Trustee’s motion to convert or dismiss debtor’s chapter 11 case and related deadlines so that Debtor could pursue a newly filed Rule 60(b) motion to set aside foreclosure judgment filed in the state court foreclosure action. The Court denied the motion for a 45-day extension since it will just cause further delay in the bankruptcy case and likely be an insufficient time for Debtor to obtain a ruling on whether the state court foreclosure judgment is void or should be set aside, which, under the Rooker-Feldman doctrine, is an issue this Court may not consider. Debtor has had several years within which to seek to set aside the state court foreclosure judgment, and the basis for the “new developments” was known to Debtor since at least March of 2022.
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Chief Judge Robert H. Jacobvitz | |
| Chapter 13, Discharge, Miscellaneous, Professionals - Conflict of Interest | 07/01/2022 | Rhonda Lorie Otero Sedillo |
Requiring debtor’s counsel to sign the certification in support of a debtor’s chapter 13 discharge certifying that counsel has explained to the debtor the averments contained in the certification and that to the best of counsel’s knowledge and belief the debtor meets the discharge eligibility requirements does not violate the attorney-client privilege (the crime-fraud exception applies) or place the attorney in an untenable conflict of interest with his client to reveal information learned in confidence. The attorney’s alternative to signing the certification is to withdraw from representing the debtor. The debtor’s certifications in support of chapter 13 discharge aid the court in determining that a debtor is eligible for a chapter 13 discharge before the Court grants the discharge. The Court is amenable to revising its local form 4004-1 as part of its regular forms review process.
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Chief Judge Robert H. Jacobvitz | |
| Relief from Judgment | 07/01/2022 | Michael Jacques Jacobs |
Debtor sought relief under Rule 60(b)(2) (newly discovered evidence) and Rule 60(b)(3) (fraud or misconduct) from the Court’s memorandum opinion and order overruling objection to claim. The majority of the “newly discovered” evidence had been available to the Debtor since the trial in the state court foreclosure action over five years ago; consequently, it did not constitute newly discovered evidence sufficient to obtain relief under Rule 60(b)(2). The fact that Debtor only recently discovered the legal significance of the documents did not make the evidence “newly discovered.” The only truly new evidence regarding the cessation of business of the beneficial owner of the note would not change the Court’s decision, which was based on the preclusive effect of the foreclosure judgment entered in state court. Creditor’s conduct in connection with the bankruptcy did not constitute fraud or misconduct warranting relief under Rule 60(b)(3). Debtor should have addressed any perceived discovery violations during discovery. The Court denied Debtor’s motion for Rule 60 relief.
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Chief Judge Robert H. Jacobvitz | |
| Default Judgment, Proof of Claim, Rooker-Feldman | 06/28/2022 | Jose L. Aguayo Calahorra |
Creditor and Debtor both dealt with an unscrupulous third party from whom Debtor legitimately and in good faith purchased a lot and a mobile home in Dona Ana County. Unbeknownst to Debtor, Creditor believed that the third party’s assignment to him of the third party’s rights under a purchase agreement in which Debtor agreed to buy the lot and mobile home from the third party, conferred ownership of the property to the Creditor. It unequivocally did not. Nevertheless, a Texas state court granted Creditor a default judgment against Debtor for the value of the mortgage Debtor granted to the third party when he bought the property. Based on the default judgment, Creditor filed a secured proof of claim in Debtor’s bankruptcy case. Procedural irregularities and legal nullities abound, but after consideration of all the evidence presented at a final hearing, the Court, confined by the Rooker-Feldman doctrine, concludes that Creditor has an unsecured claim based on the Texas default judgment. Additionally, the Creditor is ordered to remedy wrongful actions taken in violation of the automatic stay affecting Debtor’s title to the lot and mobile home. |
Judge David T. Thuma | |
| Due Process, Redemption | 06/16/2022 | Simpson |
Debtor moved to redeem her car for $500. The secured lender did not object. Neither Debtor nor the secured lender appeared at the preliminary hearing on the motion. The Court took the motion under advisement and concluded the motion should be denied without prejudice because of service problems.
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Judge David T. Thuma | |
| Breach of Contract, Claim Objection, Conversion, Equitable Remedies, Fraud | 06/13/2022 | S-Tek 1, LLC v. Surv-Tek, Inc. et al. |
The Debtor purchased a land surveying business from Surv-Tek, Inc. and signed a note payable to the seller in the amount of the purchase price less a down payment. The Debtor missed payments under the note and claimed that its financial difficulties resulted from the seller’s fraud and other misconduct. The Debtor commenced a chapter 11 case and removed state court litigation it had initiated to bankruptcy court. The Court held a 9-day trial on all issues in the adversary proceeding (which included objections to claims) and on the Debtor’s motion to subordinate Surv-Tek’s claim under 11 U.S.C. 510(c). The Court imposed times limits on the parties at trial. Together, the parties asserted over 25 causes of action. The causes of action included, among other things, breaches of contracts, fraud, negligent misrepresentation, conversion, malicious abuse of process, violation of the Unfair Practices Act, and a claim for injunctive relief. In a lengthy opinion, the Court ruled against the Debtor and guarantors on their claims, denied the motion to subordinate, found the Debtor liable under a note and lease, and ruled on the extent and validity of secured claims. The court denied all frauds claims asserted by all parties. The Court limited damages awards in favor of Surv-Tek and its affiliate based amounts asserted in their proofs of claim.
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Chief Judge Robert H. Jacobvitz |