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United States Bankruptcy Court
District of New Hampshire
Chief Judge Mark W. Vaughn 2006 Opinions

 

12-28-06         In re Whispering Pines Estate, Inc., 2006 BNH 051 (while confirmation of Chapter 11 plan proposed by secured creditor is on appeal, granting relief from the automatic stay to that secured creditor for lack of adequate protection, and denying motions to appoint Chapter 11 trustee).
 

12-21-06         In re Teixeira, 358 B.R. 484 (Bankr. D.N.H. 2006) (calculating projected disposable income under section 1325(b)(1)(B)).

12-1-06          In re Harris, 2006 BNH 048 (denying, because of the debtor’s bad faith, debtor’s attempt to amend his schedules in order to exempt certain property).

11-29-06       Kalil v. Mullen (In re Mullen), 2006 BNH 047 (denying Defendant’s motion to dismiss and declining to rule on Plaintiff’s request for a preliminary injunction).
 

11-28-06         Neal v. NH Higher Educ. Assistance Found. (In re Neal), 354 B.R. 583 (Bankr. D.N.H. 2006)(discharging student loans pursuant to § 523(a)(8)).

11-27-06         In re Pittsfield Weaving Co., 355 B.R. 404 (granting, over the United States Trustee’s § 327(a) objection, debtor’s motion to retain counsel, finding that special circumstances existed in which the benefits to the debtor substantially outweighed countervailing factors, and ordering that countervailing factors be mitigated by counsel waiving his prepetition claim, and counsel’s representation that he will not represent any potential lender or investor in connection with this case).
 

10-31-06         Kirby v. Kirby (In re Kirby), 356 B.R. 324 (Bankr. D.N.H. 2006) (holding that ex-husband is not a creditor and therefore lacks standing to assert a section 727(a) objection to debtor’s/ex-wife’s discharge).
 

10-23-06         In re Whispering Pines, Inc., 2006 BNH 042 (confirming a secured creditor’s proposed Chapter 11 plan that contains a carve-out for unsecured creditors).

10-20-06         Robert Wolfe Assocs. P.C. v. Desmond (In re Desmond), 357 B.R. 192 (Bankr. D.N.H. 2006)(denying the Plaintiff’s motion to amend its complaint and granting the Defendants’ motion to dismiss).
 

10-18-06         In re Haley, 345 B.R. 340 (Bankr. D.N.H. 2006) (construing BAPCPA amendments and Form B22C, and holding that a debtor under § 707(b)(2) may deduct an ownership expense for a vehicle for which the debtor does not make car payments; that 401k loan payments may not be prorated over the term of the plan because proration would be a material alteration; and that unreimbursed health care expenses and telecommunication expenses are limited to expenses for debtors and their dependents).

10-6-06          In re Newfound Marina, Inc., 2006 BNH 038 (determining the allowed amount of secured creditor’s claim, based largely on the reading of a forbearance agreement).

10-4-06          Askenaizer v. Wyatt (In re Beacon Vision Incorporated), 2006 BNH 037 (granting in part and denying in part the Plaintiff’s motion to add defendants and causes of action).

8-28-06          Jameson v. Roy (In re Roy) and Cooper, Deans & Cargill v. Roy (In re Roy), 2006 BNH 031 (holding that (1) the divorce decree awarded Plaintiff an ownership interest rather than a sum certain, and (2) that award of attorneys' fees was not in the nature of alimony, support, or maintenance).

8-17-06          In re Njuguna, 357 B.R. 689 (Bankr. D.N.H. 2006) (holding that 401k contributions and 401k loan payments do not constitute disposable income post-BAPCPA).
 

7-28-06          In re Krause, 357 B.R. 7 (Bankr. D.N.H. 2006) (dismissing the debtors’ Chapter 7 case because, in light of the debtors’ earnings and expenses, granting Chapter 7 relief would constitute a substantial abuse of the Bankruptcy Code).

7-27-06          In re Harris, 357 B.R. 1 (Bankr. D.N.H. 2006) (denying, based on Marrama, Chapter 7 debtor’s § 727(a) motion to convert to Chapter 13 because of debtor’s bad faith).

5-26-06          In re Gaudette, 2006 BNH 022 (modifying fee arrangement and awarding trustee's counsel twenty-five percent of funds held in escrow as well as a contingency fee for any further awards in the R&R Associates of Hampton case, and ordering trustee to release the escrowed funds).

5-17-06          Desmond v. ASR Acquisition Corp. (In re Desmond) AND Robert Wolfe Assocs., P.C. v. Desmond (In re Desmond), 2006 BNH 020 (granting the Chapter 7 trustee’s motion to compromise with defendant and settle adversary proceeding and granting the trustee’s motion to abandon real and personal property in which the defendant holds a security interest).

4-14-06          In re Kibbe, 2006 BNH 017 (holding that in a below median Chapter 13 case governed by BAPCPA, “projected disposable income,” as used in section 1325(b)(1)(B), is based on a debtor’s current income and expenses as reflected on Schedules I and J).

4-10-06          In re Newfound Lake Marina, Inc., 2006 BNH 015 (lender's summary judgment motion denied because the Court's determination of the amount of lender's allowed claim is more than a matter of contract interpretation, as outstanding factual issues exist).

4-10-06          In re Whispering Pines Estate, Inc. 341 B.R. 134 (Bankr. D.N.H. 2006) (debtor’s eighty-nine room hotel is not “single asset real estate” as defined in 11 U.S.C. § 101(51B)).

4-6-06             Askenaizer v. Wyatt (In re BeaconVision Incorporated), 340 B.R. 674 (Bankr. D.N.H. 2006)(denying summary judgment motions of both parties, holding (1) that transfer is avoidable under section 548 because funds acquired by debtor through stock sale for the purpose of securing a loan constituted an “interest of the debtor in property;” (2) more details of the transfer are necessary before determining which party to the transfer was the “initial transferee” for purposes of section 550; and (3) more details of the transfer are necessary before determining whether the defendant is liable for conversion under New Hampshire state law). 

3-29-06          In re Merrill, 340 B.R. 671 (Bankr. D.N.H. 2006)  (denying motion to dismiss bankruptcy case pursuant to 11 U.S.C. § 521(e), as amended by BAPCPA, holding that debtor's failure to provide tax return within seven days of the meeting of the creditors was beyond the debtor's control; that the proper year's tax return to be provided is the return that satisfies both criteria of section 521(e)(2)(A)(i); and that when an administrative order conflicts with a Code section, the Code section prevails).

3-2-06             Robert Wolfe Assocs. v. Desmond (In re Desmond), 2006 BNH 009 (denying Plaintiff’s motion for partial summary judgment because a mortgage discharge did not relieve the Plaintiff of the underlying obligations and because material issues of fact exist as to the obligations).

2-28-06          In re Desmond, 2006 BNH 008 (granting relief from the automatic stay because there is no equity in the property, and concluding, for the purposes of the motion for relief, that the movant is owed $2,564,512 on its mortgages and security interests in the property, plus attorneys’ fees of $47,327.08 and foreclosure costs of $2,011.41).

2-1-06             Mullen v. Kalil (In re Mullen), 337 B.R. 744 (Bankr. D.N.H. 2006) (holding that the estate was fully administered and the case was properly closed such that section 546(a) barred, upon reopening of the case, the pursuance of an avoidance action that was known and contemplated (but not pursued) by the trustee prior to closure).

1-18-06          Gallagher v. Educ. Credit Mgmt. Corp. (In re Gallagher), 2006 BNH 003 (denying discharge of student loan because repayment will not impose undue hardship).

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