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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.

Todt v. Ocwen Loan Servicing, LLC (In re Todt), 567 B.R. 667 (Bankr. D.N.H. 2017) (finding the mortgagee and its servicer were not protected by 11 U.S.C. § 524(j) and in fact violated the discharge injunction of 11 U.S.C. § 524(a)(2) by continuing to send the debtors (a) monthly statements demanding payment post-discharge, and (b) various other communications concerning escrow payments and hazard insurance post-foreclosure, and holding the mortgagee and its servicer jointly and severally liable for emotional distress damages of $13,000 and for attorney's fees and expenses of more than $30,000).

Ford v. Duggan (In re Duggan), 2017 BNH 006 (concluding that the Chapter 7 trustee sustained his burden to sell real estate free and clear of the interests of the co-owners pursuant to 11 U.S.C. §363(h) where the sale proceeds would pay all claims and yield a surplus to the debtor, each co-owner would receive approximately $88,000 on account of their interest, and the loss of the property due to a municipal tax taking appeared inevitable gien the co-oweners' inability to cure the substantial real estate tax arrearage; also holding that 11 U.S.C. §363(j) unequivocally requires the cost of the sale to be charged against to the gross sale proceeds notwithstanding the co-owners' objections to the sale)

In re Hansen, 2017 BNH 005 (granting the chapter 7 trusee's motion to sell patent assets, deferring to the trustee's business judgment that this sale under 11 U.S.C. § 363(b) was in the best interests of the parties as it resulted in a certain and immediate recovery to creditors, and finding that the effective settlement of the pending patent case was reasonable under the four-part standard applicable to FRBP 9019 in the First Circuit even though the debtor would lose the possibility of receiving a surplus).

Robbins v. Walter E. Jock Oil Co., Inc. (In re Robbins), 2017 BNH 004 (awarding damages for a violation of the discharge injunction and opting to use the lodestar approach in making an award of attorney's fees, rather than relying on the contingent fee called for in fee agreement; fees reduced given the absence of detailed contemporaneous records of the work counsel had performed in the case).

In re Wood, 2017 BNH 003 (granting the debtors' motion under 11 U.S.C. § 506(a) and 1322(b)(2), seeking to void the creditor's secured mortgage lien on the debtor's principal residence, as the Court found that the value of the debtor's residence was less than the first mortgagee's cliam and therefore the creditor's cliam was wholly unsecured).

Kirk v. Burrows (In re Burrows), 2017 BNH 002 (denying plaintiff's motion for summary judgment under FRBP 7056 because she did not sustain her burden of establishing that she could use her California default judgment to collaterally estop the debtor/plaintiff from re-litigating issues in this adversary proceeding, which seeks to except the plaintiff's judgment debt from discharge pursuant to 11 U.S.C. § 523(a)(2)(A) and (a)(6)).

In re ARSN Liquidating Corp. Inc., 2017 BNH 001 (holding that the debtor's workers' compensation experience rating cannot be imposed on the purchaser of substantially all of the debtor's assets through a bankruptcy sale approved by the Court pursuant to 11 U.S.C. § 363(f) because that experience rating was an "interest" of which the debtor's assets were sold free and clear).

In re Nevins, 564 B.R. 151 (Bankr. D.N.H. 2017) (adopting the "separate filings rule" as the method of allocating a joint tax refund between the debtor and a non-debtor spouse in contested matters)

Plumber's Edge, Inc. v. Veino (In re Veino), 2016 BNH 012 (concluding that arbitration award against the debtor for taking former employee's customer lists and rolodex without authorization for use at a direct competitor was excepted from discharge under 11 U.S.C. § 523(a)(4) as a debt arising from larceny, but finding that the plaintiff failed to sustain its burden in showing that the debt was incurred by fraud under 11 U.S.C. § 523(a)(2) or that the debtor failed to comply with orders of this court warranting denial of discharge 11 U.S.C. § 727(a)(6)(A)).

In re Toronto, 2016 BNH 011 (overruling the debtor's objection to his former spouse's claim because debtor's obligations under the couple's divorce decree to pay her $20,000.00 or provide her with a comparable vehicle to the one she drove during the marriage, and to assume certain marital debts were "domestic support obligations" within the meaning of 11 U.S.C. § 101(14A) and entitled to priority treatment under the debtor's Chapter 13 plan; also denying the debtor's motion for sanctions against the former spouse finding that her contempt petition filed in the state court neither violated the automatic stay nor damaged the debtor.)

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