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Opinions

The District of New Hampshire offers a database of opinions issued from 1999 to present. For a more detailed search, enter a keyword or case number in the search box above.

Askenaizer v. Bank of America, N.A. (In re Forrester), 2017 BNH 017 (concluding that an erroneous reference in a mortgage’s legal description to a unit that does not exist, where the legal description also contains correct references to the property’s unique tax identification number and street address, did not render the mortgage materially defective such that a Chapter 7 trustee could avoid the mortgage pursuant to 11 U.S.C. § 544).

Browne et al. v. Lombard (In re Lombard), 2017 BNH 015 (creditors' complaint did not state a claim upon which relief could be granted, per Fed. R. Civ. P. 12(b)(6), where creditors asked court to determine dischargeability of alleged fraudulent transfer debt, pursuant to 11 U.S.C. § 523(a)(2)(A), without actually claiming a legal right to recover such a fraudulent transfer from the debtor).

Genetti v. Brazil (In re Brazil), 2017 BNH 016 (finding that the plaintiff sustained her burden to establish that a debt owed to her arising from the debtor’s reckless performance and subsequent breach of a construction contract should be excepted from discharge under 11 U.S.C. § 523(a)(2)(A) as one arising from false pretenses, false representations, and actual fraud).

Martin v. Pelley (In re Pelley), 2017 BNH 014 (holding the debtor's obligation to repay the creditor for overpayment of child support for the unmarried couple's child was not a domestic support obligation within the meaning of 11 U.S.C. § 101(14A) and thus dischargeable under 11 U.S.C. § 523(a)(5)).

In re Caraballo 2017 BNH 013 (finding that the the debtor's plan met the projected disposable income requirement of 11 U.S.C. § 1325(b)(1) when the debtor used net monthly income from Schedules I and J to determine projected disposable income, rather than the disposable income number resulting from the means test calculation in Official Form 122C-2).

In re Furlong, 2017 BNH 012 (finding that the debtor’s homestead rights pursuant to N.H. RSA § 480:1 in mixed use property were established prior to a fire that destroyed his home and that his continued occupation of a cabin on the property, despite seasonal absences, entitled him to an exemption in that portion of the property he actually occupied as his home).

In re Franklin, 2017 BNH 011 (finding that the USDA’s misapplication of the Chapter 13 debtor’s mortgage payments over the life of his plan violated the automatic stay of 11 U.S.C. § 362(a) and was in contempt of the confirmation order by failing to permit the debtor to cure his prepetition default and maintain regular payments postpetition, warranting an award to the debtor of actual damages in the amount of $5,320 and reasonable attorney’s fees).

DeWitt v. Stewart (In re Stewart), 2017 BNH 010 (finding that the claims of the plaintiffs, former clients of the debtor, the owner of a residential remodeling company, should not be excepted from the discharge pursuant to 11 U.S.C. § 523(a)(2)(A), false pretenses, false representations, and actual fraud, and 11 U.S.C. §523(a)(6), willful and malicious injury).

In re Hanish, LLC, 2017 BNH 009 (denying the Chapter 11 debtor’s motion to reconsider the Court’s order denying of approval of the debtor’s disclosure statement on the basis the plan improperly separately classified the debtor’s unsecured creditors, concluding that 11 U.S.C. § 1123(a)(4) does not permit the separate classification of an unsecured creditor who accepts less favorable treatment than other unsecured creditors under the plan in order to obtain the acceptance of an impaired class).

In re Ladona, 2017 BNH 008 (denying the debtor's motion seeking sanctions from the IRS for an alleged violation of the discharge injunction, concluding that, in light of the debtor's failure to file his tax return timely, the tax debt was both entitled to priority treatment under 11 U.S.C. §507(a)(8)(A)(i) and excepted from discharge under 11 U.S.C. §523(a)(1)(B) and 1328(a)(2), such that interest, which was not provided for by the debtor's Chapter 13 plan, continued to accrue post-petition)

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