2002 Opinions


United States Bankruptcy Court District of New Hampshire



		11-29-02 John Hancock Fin. Servs., Inc. v. Sloane (In re Sloane), 2002 BNH 037 (holding that the plaintiff did not sustain its burden of proof under 11 U.S.C. § 523(a)(2)(A) with respect to whether the debtor made a false statement regarding his company’s ability to fulfill its obligation under an agreement to charter a sailing vessel and, therefore, any debt related to the failure to provide the vessel was dischargeable).

		11-07-02 Sperl v. New Hampshire Higher Educ. Assistance Foundation, (In re Sperl), 2002 BNH 035 (excepting the debtor’s student loan consolidation note from discharge because it was an “educational” loan within the meaning of 11 U.S.C. § 523(a)(8) and the debtor failed to establish that repayment would impose an undue hardship).

		11-07-02 In re Marisco, 2002 BNH 034 (applying In re Marsico, 278 B.R. 1 (Bankr. D.N.H. 2002) in sustaining creditors’ objection to debtor’s claim of exemption in a residence under 11 U.S.C. § 522(d)(1) where the debtor did not occupy his New Hampshire property as his principal residence).

		10-10-02 Notinger v. Liimatainen (In re Liimatainen), 2002 BNH 032 (denying the trustee’s amended complaint because the trustee failed to establish by a preponderance of the evidence that the debtors’ discharge should be denied under 11 U.S.C. § 727(a)(2), (a)(3), (a)(4)(A), (a)(4)(D), or (a)(5) where many of the allegations related to separate corporate entities whose assets and liabilities were not property of the estate and did not pertain to the debtors’ individual financial affairs).

		09-26-02 Clarkeies Market, L.L.C. v. Kelley’s Food Town, Inc. (In re Clarkeies Market, L.L.C.), 2002 BNH 031 (finding that the creditor’s collateral should be valued at going concern for purposes of determining the creditor’s secured claim under 11 U.S.C. § 506(a) where the collateral had been turned over to creditors and used by them in the continued operation of the debtor’s former grocery stores).

		09-13-02 Notinger v. Auto Shine Car Wash Systems, Inc. (In re Campano), 2002 BNH 030 (overruling the trustee’s objection to the creditor’s claim under 11 U.S.C. § 502 and FRBP 3001(f) because the trustee failed (1) to demonstrate that the debtor was fraudulently induced to sign a note, mortgage, and settlement agreement regarding the debtor’s purchase of the creditor’s business, or (2) to establish that the creditor’s actions in retaining some of the debtor’s business assets constituted strict foreclosure within the meaning of N.H. RSA 382-A:9-505 and cases interpreting that statute).

		09-10-02 In re Carol Center, 282 B.R. 561 (Bankr. D.N.H. 2002) (holding that section 506(b) of the Bankruptcy Code preempts state law with respect to the allowance of attorneys’ fees as part of an oversecured creditors claim and finding that the prepetition attorneys’ fees and postpetition attorneys’ fees sought by the creditor in its proof of claim were reasonable).

		07-23-02 Good Stuff Entm’t Corp. v. Commerce Bank & Trust Co. (In re Good Stuff Entm’t Corp.), 2002 BNH 027 (denying the debtor’s request for a preliminary injunction because the debtor failed to demonstrate a likelihood of success on the merits of its claim against its lender).

		06-27-02 VanderMast v. The Educational Resources Institute (In re VanderMast), 2002 BNH 026 (applying the three prong Brunner test and denying the debtor’s complaint to discharge her student loan obligations under 11 U.S.C. § 523(a)(8) on the ground that the debtor had failed to show that her current health problems were likely to continue for a significant portion of the repayment period).

		05-28-02 Marshall v. Palmer Wilson (In re Palmer Wilson), 2002 BNH 019 (denying the UST’s and the Chapter 7 trustee’s complaint seeking to revoke the debtor’s discharge under 11 U.S.C. § 727(d)(1) because the plaintiffs failed to demonstrate by a preponderance of the evidence that the debtor possessed the requisite fraudulent intent in omitting and/or inaccurately scheduling and valuing assets).

		05-15-02 In re Donovan, 2002 BNH 016 (denying a debtor’s motion to amend schedules to claim an exemption pursuant to Federal Rule of Bankruptcy Procedure 1009(a) on grounds of bad faith and prejudice and denying approval of a proposed settlement on grounds that the settlement called for a distribution of proceeds contrary to the provisions of 11 U.S.C. § 726).

		05-16-02 Premier Capital, Inc. v. Clark (In re Clark), 2002 BNH 017 (denying the creditor’s claims under 11 U.S.C. § 727(a)(2) because the creditor failed to prove that the debtor possessed the requisite fraudulent intent but granting the creditor relief and denying the debtor a discharge under 11 U.S.C. § 727(a)(4)(A) because the creditor proved that the debtor knowingly and fraudulently made a false oath on Schedule G by failing to list a lease agreement drafted and executed by the debtor as lessor).

		04-26-02 In re Marsico, 278 B.R. 1 (Bankr. D.N.H. 2002) (determining the meaning of the term “residence” for purposes of claiming an exemption under 11 U.S.C. § 522(d)(1)).

		04-23-02 In re RDX Acquisition Corp. d/b/a RMTI, 2002 BNH 014 (determining what documents the debtor and a third party must execute in order to effectuate a settlement embodied in the debtor’s Chapter 11 plan of reorganization).

		04-22-02 Askenaizer v. Cutter (In re Big World Prods., Inc.), 2002 BNH 013 (denying the Chapter 7 trustee’s complaint under 11 U.S.C. § 549 in which he sought to avoid an alleged postpetition transfer of estate property because the debtor had assigned its rights in the property prepetition and therefore it was not property of the estate within the meaning of 11 U.S.C. § 541).

		03-25-02 John Hancock Fin. Servs., Inc. v. Sloane (In re Sloane), 2002 BNH 010 (granting defendant's motion to dismiss under FRCP 12(b)(6) with respect to plaintiff's attempt to pierce the veil of the defendant's corporation, granting defendant's motion to dismiss with respect to plaintiff's claim for conversion under 11 U.S.C. § 523(a)(6), and denying defendant's motion to dismiss with respect to plaintiff's claim for misrepresentation under 11 U.S.C. § 523(a)(2)(A)).

		02-14-02 Smith v. WinBook Computer Corp. (In re Blue Fin Technologies, Inc.), 2002 BNH 007 (granting defendant's motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) as made applicable to the Bankruptcy Code by Federal Rule of Bankruptcy Procedure 7012, with regards to Counts III and VI because the complaint failed to state a cause of action that could be granted relief under Ohio law, but denying the defendant's motion to dismiss with regards to Counts I, II, IV, and V).

		01-29-02 Systolic Networks, Inc. v. Bizfon, Inc. (In re Bizfon, Inc.), 2002 BNH 006 (denying plaintiff's motion to remand a removed case pursuant to 28 U.S.C. § 1452(b) because the only remaining issues under the complaint involved claims resolution issues and as such constituted a core proceeding under 28 U.S.C. § 157(b)(2)(B) and (C) and no basis existed to abstain from hearing the matter or to remand it for equitable reasons).

		01-25-02 Sperry Concrete, Inc. v. Voisine (In re Voisine), 2002 BNH 005 (excepting a debt from discharge under 11 U.S.C. § 523(a)(2)(A) because the debtor's false statements regarding the status of his mortgage caused damage to the debtor's contractor in that the contractor deferred taking collection action which would have resulted in its receiving payment for services).

		01-11-02 In re Spike Broadband Systems, Inc., 2002 BNH 004 (discussing modifications to proposed order granting motion to sell substantially all of the debtor's assets, including patents and other technology).

	01-03-02 Cohen v. Cohen (In re Cohen), 2002 BNH 002 (excepting the debtor’s alimony obligation from discharge under 11 U.S.C. § 523(a)(5) and the debtor’s property settlement obligation from discharge under 11 U.S.C. §523(a)(15)).

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