2001 Opinions


United States Bankruptcy Court District of New Hampshire



		12-17-01 In re Brigham, 2001 BNH 048 (awarding damages to Debtor pursuant to 11 U.S.C. § 362(h) because Hospital willfully violated the automatic stay by sending collection notices post-petition to ailing Debtor).

		11-30-01 In re Sanchez, 270 B.R. 322 (Bankr. D.N.H. 2001) (denying Trustee's motion to dismiss or convert and confirming Debtor's amended Chapter 13 Plan; holding that, although it is property of the Chapter 13 estate pursuant to 11 U.S.C. § 1306, a potential personal injury claim that arose post-petition should not be factored into the hypothetical liquidation analysis pursuant to 11 U.S.C. § 1325(a)(5) because in a Chapter 7 proceeding, the trustee would not be able to liquidate a post-petition cause of action).

		11-28-01 Nettles v. Nettles (In re Nettles), 2001 BNH 045 (determining that amount owed to Plaintiff by Debtor, her former husband, is excepted from discharge pursuant to 11 U.S.C. § 523(a)(15) because Debtor had an indisputable ability to pay, as the amount in question was being held in escrow, and the detriment of discharge to Plaintiff outweighed the benefit to Debtor).

		11-28-01 In re Smith, 2001 BNH 044 (denying motion for relief from automatic stay with regard to Debtors' business equipment, because September 1999 note, executed by the Debtors and secured by their principal residence, paid off their obligations to Movant under the equipment lease; also, noting that the motion for relief from the automatic stay with regard to Debtors' principal residence shall be granted if Debtors fail to amend their Chapter 13 plan to conform with the amount currently due and owing on the 1999 note).

		10-03-01 In re Metrobility Optical Systems, Inc., 2001 BNH 042 (granting a preliminary injunction against creditor and its assignees, enjoining them from certifying either that default existed on the part of the Debtor or that, under its provisions, the lease terminated because 1) pursuant to § 365(e)(1), the ipso facto clause, which creditor argued triggered default, was unenforceable and 2) § 365(b)(2) in fact cured Debtor's insolvency default upon filing and, thus, no default existed).

		09-26-01 Erricola v. Thomas, Utell, Van De Water & Raiche, P.A. (In re Gaudette), 2001 BNH 041 (holding that, since pension fund assets were property of the estate at the time Defendant's fees were paid, Defendant was not entitled to receive payment from those assets and Trustee could recover fees paid to Defendant pursuant to § 549).

		08-20-01 Bezanson v. Thomas (In re R & R Assocs. of Hampton) 2001 BNH 038 (treating cross-motions for summary judgment as motions for partial summary judgment pursuant to Fed. R. Civ. P. 56(d) and denying the motions on the grounds that disposition of the matters raised would not significantly narrow issues for trial).

	06-14-01 In re Schalebaum, 263 B.R. 684 (Bankr. D.N.H. 2001) (holding that state court's order directing that sales proceeds be deposited with court in order to secure possible judgment in favor of the Town of Wolfeboro in a prepetition action against the Debtor created a judicial lien in favor of the town as defined by 11 U.S.C. § 101(36); rejecting Trustee's argument that the state court action was merely a bill of interpleader).

	06-11-01 Smith v. Looney (In re DeCarolis), 2001 BNH 031(finding that, under Fed. R. Bankr. P. 7019, non-debtor beneficiaries of real estate trust are proper party-defendants in Trustee's action to determine estate's interest in trust property).

	06-06-01 McClain v. American Student Assistance (In re McClain), 264 B.R. 230 (Bankr. D.N.H.2001) (granting creditors' motion for judgment on the pleadings pursuant to Fed. R. Civ. P. 12(c) on claims challenging constitutionality of 11 U.S.C. § 523

	05-25-01 In re Brewer, 2001 BNH 027 [Also: In re Chamberlain; In re Gaudette - cases consolidated for the purpose of hearing on this issue only.] (finding petition preparer's request for compensation excessive and requiring excess fees collected disgorged to Chapter 7 Trustee).

	04-30-01 In re Kaber Imaging, Inc., 262 B.R. 187 (D.N.H. 2001) (denying Debtor's former chief financial officer's motion to recover unpaid wages as an administrative expense pursuant to 11 U.S.C. § 503(b)(1)(A), finding that there was no benefit to the estate warranting the award).

	04-26-01 D'Agnese v. Cotsibas (In re Cotsibas), 262 B.R. (Bankr. D.N.H. 2001) (granting motion for summary judgment by Chapter 11 Trustee in case of Cotsibas Agency, Inc., Bk. No. 98-14266-MWV, on claim seeking to deny the Debtor's discharge pursuant to 11 U.S.C. § 727(a)(6)(A) for refusal to comply with the Court's discovery orders; all other counts were dismissed as moot).

	04-26-01 Martineau v. Pratt (In re Pratt), 2001 BNH 022 (treating motion for judgment on the pleadings as a motion for summary judgment pursuant to Fed. R. Bankr. P. 7012(b) and finding that all elements of collateral estoppel were satisfied so that summary judgment in favor of judgment creditor was appropriate on complaint to except judgment debt from discharge pursuant to 11 U.S.C. § 523(a)(4)).

	04-23-01 Sardone v. Morrissette (In re Morrissette), 2001 BNH 019 (judgment in favor of Debtor's ex-spouse on claim to except obligation arising out of divorce decree from discharge pursuant to 11 U.S.C.§ 523(a)(15)).

	04-23-01 Bustead v. Wright (In re Wright), 2001 BNH 018 (granting Debtor's motion for summary judgment on creditor's claim to except judgment debt from discharge pursuant to 11 U.S.C. § 523(a)(6) where default judgment debt was based entirely upon a finding of negligence and recklessness, thus precluding a finding that the debt arose from willful and malicious conduct).

	04-19-01 Schalebaum v. Town of Wolfeboro (In re Schalebaum), 273 B.R. 1 (Bankr. D.N.H. 2001) (denying Debtor's motion to avoid lien that allegedly impaired homestead exemption pursuant to 11 U.S.C. § 522(f) upon finding that homestead exemption did not attach to proceeds of voluntary sale of homestead; finding that town's judicial attachment on homestead property did not attach to the proceeds of the voluntary sale of the property; and finding that "wildcard exemption" in RSA 511:2(XVIII) may be utilized to exempt cash proceeds from sale of property).

	04-17-01 Belanger v. Fortier (In re Fortier), 2001 BNH 015 (judgment in favor of Debtor's ex-spouse on claim to except indemnification agreement from discharge pursuant to 11 U.S.C. § 523(a)(15)).

		02-08-01 Weeden v. Weeden (In re Weeden), 2001 BNH 006 (denying ex-spouse’s claim that the Debtor’s obligation arising from divorce to pay one-half of home equity loan should be expected from discharge pursuant to section 523(a)(5); also, denying Debtor’s request for attorney’s fees).

		02-07-01 In re Bursey, 2001 BNH 005 (valuing claim of creditor following Court’s disposition of Debtor’s objection to proof of claim in In re Bursey, 2001 BNH 001).

		01-25-01 Steele v. Ocwen Fed. Bank (In re Steele), 258 B.R. 319 (Bankr. D.N.H. 2001) (granting creditor’s motion to dismiss claims for violation of federal and state fair debt collection statutes brought after the Debtor received his Chapter 13 discharge and his case was closed; claims were not core proceedings and did not fall within the Court’s related to jurisdiction).

		01-05-01 In re Amirault, 2001 BNH 002 (awarding attorney's fees and expenses to Trustee's counsel and sanctioning Debtor for her repeated failure to comply with the Trustee's production requests and orders of the Court; also granting the Debtor's motion to dismiss her Chapter 7 case while retaining jurisdiction to enforce sanctions).

		01-03-01 In re Bursey, 2001 BNH 001 (permitting extrinsic evidence to interpret terms of ambiguous settlement agreement entered into between Debtor and creditor, and granting Debtor's objection to claim after finding that default provisions were inconsistent with clearly intended forebearance scheme).

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