In re Brady, 2022 BNH 003 (sustaining the trustee’s objection to the debtor’s assertion of a separate homestead exemption under RSA 480:1 on behalf of her non-debtor spouse as he is not an owner of the couple’s residence, and sustaining the trustee’s objection to the debtor’s similar amendment to Schedule D as the homestead exemption does not create a statutory or other type of lien on the couple’s residence in favor of a non-debtor, non-owner spouse), aff’d, Brady v. Sumski, No. 1:22-cv-00272-SM (D.N.H. Aug. 23, 2023).
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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.
In re St. Laurent, 2022 BNH 002 (sustaining the chapter 7 trustee’s objection to the debtor’s claim of a homestead exemption under RSA 480:1 in the proceeds from the sale of the debtor’s marital home as the debtor was not an owner of the property at the time of his divorce and thus was unable to satisfy the ownership requirement).
Robinson v. Robinson (In re Robinson), 2022 BNH 001 (denying the plaintiff’s motion for summary judgment as the findings of the Massachusetts state court special verdict were not sufficient for this court to apply collateral estoppel to find the state court judgment debt nondischargeable under 11 U.S.C. § 523(a)(2)(A), (a)(4), or (a)(6)).
In re Vrusho, 634 B.R. 660 (Bankr. D.N.H. 2021) (denying creditor’s motion under Fed. R. Bankr. P. 3002(c)(6)(A) for leave to file proof of claim after bar date based on insufficient notice, where: (i) creditor’s attorney in related state court collection proceeding received actual notice of commencement of case and claims bar date, (ii) sufficient nexus existed between attorney’s representation of creditor in state court proceeding and creditor’s proof of claim, (iii) creditor’s attorney informed creditor of bankruptcy case, and accordingly, (iv) actual notice of bankruptcy filing and bar date was imputed to creditor).
In re Delong, 2021 BNH 005 (denying the debtor’s motion to avoid a creditor’s lien under 11 U.S.C. § 522(f) as the debtor could not include an exemption of his non-debtor spouse in the lien avoidance calculation).
In re Hopkins, 2021 BNH 004 (sustaining the chapter 13 trustee’s objection to the debtor’s claim of a homestead exemption under NH RSA 480:3-a on account of his deceased spouse’s interest in the homestead, as RSA 480:3-a applies to protect surviving spouses who do not have an ownership interest in their residence at the time of the homeowner’s death; here, the debtor was only entitled to claim a homestead exemption on account of his ownership interest in the property pursuant to RSA 480:1).
Mission Product Holdings, Inc. v. Schleicher & Stebbins Hotels, L.L.C. (In re Old Cold, LLC), 2021 BNH 003 (denying leave to amend complaint on futility grounds because proposed amended claims were either precluded by final sale order, application of the doctrine of collateral estoppel, or expiration of statute of limitations).
In re Corson, 2021 BNH 002 (in sustaining the chapter 7 Trustee’s objection to the priority treatment of the creditor’s unsecured proof of claim for guardian ad litem fees under 11 U.S.C. § 507(a)(1)(A) and (a)(1)(B), the court determined that: (1) the creditor, who served as the court-appointed guardian ad litem in the debtor’s divorce proceeding, was not a “legal guardian” within the meaning of 11 U.S.C. § 101(14A)(A)(i) and, accordingly, that the claim was not a “domestic support obligation” as defined by 11 U.S.C. § 101(14A)(A)-(D) entitled to priority treatment under 11 U.S.C. § 507(a)(1)(A) and (a)(1)(B)).
In re Pitbull Realty Grp. Inc., 2021 BNH 001 (overruling debtor’s objection to creditors’ scheduled claims where the creditors were not required to file a proof of claim pursuant to Federal Rule of Bankruptcy Procedure 3003(b)(1) and (c)(2) and holding that the debtor failed to produce substantial evidence to overcome the scheduled claims’ prima facie validity where the debtor conceded that it had no dispute with respect to the merits of the claims).
Specialized Loan Servicing, LLC v. Town of Bartlett (In re Edward Charles Furlong, III), 620 B.R. 422 (Bankr. D.N.H. 2020) (court will not apply doctrine of equitable subrogation to reorder relative priorities of mortgage and intervening attachment/judgment lien where such application would prejudice the rights of the attaching/judgment creditor who relied on the relative mortgage/lien priorities on record at the registry of deeds).