2002 Opinions


	United States Bankruptcy Court District of New Hampshire



		12-12-02 Peno v. Peno (In re Peno), 2002 BNH 039 (denying Movant’s motion for relief from the automatic stay pursuant to 11 U.S.C. § 362, finding that, although there is a payment default, the property is being properly maintained pursuant to joint tenancy agreement, the first mortgage is substantially current, and adequate protection is unnecessary at the present time; additionally, even though the Debtor does not have equity in the property, the property is necessary for a Chapter 13 reorganization).

		12-10-02 In re LCC Financial Corp., 2002 BNH 038 (denying Debtor’s motion to sell a portion of its active loan portfolio and to use a portion of the proceeds as cash collateral, finding that the Debtor had not met its burden under 11 U.S.C. § 363(f); further, adopting the reasoning of In re Perroncello, 170 B.R. 189 (Bankr. D. Mass. 1994) and holding that, in order to satisfy the requirements of section 363(f)(3), the sale price must exceed the face value of all liens).

		11-21-02 In re LCC Financial Corp., 2002 BNH 036 (denying the Debtor's motion for further use of cash collateral, finding that the Debtor has not met its burden of convincing the Court that there is adequate protection for the continued use of Citicorp Leasing, Inc.'s ("CLI's") cash collateral; granting CLI's motion for relief from the automatic stay, finding that there is no equity in the collateral held by CLI and that the Debtor has not met its burden of demonstrating that a plan of reorganization is in prospect; and, to the extent that it is not already moot, denying CLI's motion to vacate the wage order) (Motion for reconsideration pending).

		10-24-02 UmbrellaBank v. Michel, (In re Michael), 2002 BNH 033 (granting Plaintiff’s Motion to Dismiss the Defendant's First Counterclaim under Federal Rule of Civil Procedure 12(b)(6), as made applicable to bankruptcy proceedings by Federal Rule of Bankruptcy Procedure 7012, because the counterclaim failed to state a cause of action that could be granted relief under Illinois law)

		07-31-02 MacPhee v. Sullivan (In re Sullivan), 282 B.R. 120 (Bankr. D.N.H. 2002) (denying the Plaintiff’s nondischargeability complaint because she did not meet her burden of proof under 11 U.S.C. § 523(a)(2)(A)).

		06-25-02 In re LaFlamme, 2002 BNH 025 (finding that (1) a reasonable fee for petition preparer Michael M. Mills is $150 as outlined in In re Moran, 256 B.R. 842 (Bankr. D.N.H. 2000); (2) Mr. Mills shall disgorge the balance of $175 to the Chapter 7 Trustee; (3) Mr. Mills is prohibited from acting as a petition preparer in the District of New Hampshire pending a further order of this Court as a result of the disclosure that he has not disgorged prior fees as ordered by the Court in In re Brewer, et al., 2001 BNH 027, and (4) the clerk’s office shall not accept any petitions in which Mr. Mills appears as a petition preparer).

		06-25-02 In re Bacon, 2002 BNH 024 (finding that (1) a reasonable fee for petition preparer Michael M. Mills is $150 as outlined in In re Moran, 256 B.R. 842 (Bankr. D.N.H. 2000); (2) Mr. Mills shall disgorge the balance of $175 to the Chapter 7 Trustee; (3) Mr. Mills is prohibited from acting as a petition preparer in the District of New Hampshire pending a further order of this Court as a result of the disclosure that he has not disgorged prior fees as ordered by the Court in In re Brewer, et al., 2001 BNH 027, and (4) the clerk’s office shall not accept any petitions in which Mr. Mills appears as a petition preparer).

		06-10-02 Roberts v. Florida Dep’t of Educ. (In re Roberts), 2002 BNH 022 (granting Florida Department of Education’s motion to dismiss the Debtor’s 11 U.S.C. § 523(a)(8) complaint on sovereign immunity grounds pursuant to the holding in Seminole Tribe of Fla. v. Florida, 517 U.S. 44 (1996)).

		06-05-02 Official Comm. of Unsecured Creditors v. Bank of New Hampshire, N.A. (In re Metrobility Optical Systems, Inc.), 279 B.R. 37 (denying the Bank of New Hampshire's motion to dismiss Count I of the Creditors’ Committee complaint with prejudice, Counts II-IV without prejudice, and the Bank’s alternative request to stay Counts II-IV because the Committee has alleged facts sufficient to establish the claims set forth in its complaint, and a stay would be inappropriate at this stage of the case).

		05-30-02 In re Metrobility Optical Systems, Inc., 279 B.R. 35 (denying Deutsche Financial Services’ motion to compel lease payments from the Debtor because the agreement between the parties created a security interest under N.H. RSA §§ 382-A:2A-103(l)(j) and 382-A:1-201(37), making lease payments pursuant to 11 U.S.C. § 365 unavailable to Deutsche).

		05-28-02 Northeast Credit Union v. Butterworth (In re Butterworth), 279 B.R. 31 (finding that Plaintiff did not meet its burden under 11 U.S.C. § 523(a)(2)(B) because neither the credit card application nor the credit line increase form in this case were writings “respecting a debtor’s . . . financial condition,” adopting the reasoning of Judge Yacos in Bal-Ross Grocers, Inc. v. Sansoucy (In re Sansoucy), 136 B.R. 20, 23 (Bankr. D.N.H. 1992), and there was insufficient evidence of Debtor’s intent to deceive).

		04-05-02 In re Vaughn, 276 B.R. 323 (granting Trustee's motion and dismissing Debtor's Chapter 13 case because Debtor's unsecured debts exceed the statutory limit set forth in 11 U.S.C. § 109(e)).

		03-26-02 Smith v. Hall, Morse, Anderson, Miller & Spinella (In re Ottoman's, Inc.), 2002 BNH 011 (holding that, for purposes of 11 U.S.C. § 549, a check delivered pre-petition, but honored post-petition, is governed by the date of honor rule, rendering the check payment avoidable as a post-petition transfer of estate assets) (recon. denied 4/29/02).

		03-07-02 JAAJ Realty v. Gaudette (In re Gaudette), 2002 BNH 009 (finding that Plaintiff had not met its burden of proof with respect to complaint seeking the denial of the Debtor's discharge pursuant to 11 U.S.C. § 727(a)(2)(A) & (B), (3), (4)(A) & (B), and (5)).

		03-01-02 In re Gaudette, 2002 BNH 008 (holding that Movant lacks standing to pursue a claim of exemption on behalf of the Debtor pursuant to 11 U.S.C. § 522(l) and sustaining Trustee's objection to Debtor's claimed exemption because the OFS Pension Plan and Trust is not exempt under N.H. RSA § 512:21(V)). 2)

		01-07-02 Bova v. St. Vincent De Paul Corp. (In re Bova), 272 BR 49 (Bankr. D.N.H. 2002) (avoiding Defendant's attachment pursuant to 11 U.S.C. § 547).

		01-02-02 McClain v. American Student Assistance (In re McClain), 272 BR 42 (Bankr. D.N.H. 2002) (citing the three-part test of In re Garrett and finding that Debtor's student loans were nondischargeable pursuant to 11 U.S.C. § 523(a)(8) because the Debtor could not demonstrate that repayment of his loans would inflict undue hardship upon him).

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