Dahar v. Brewster (In re Brewster), 2003 BNH 012 (after the expiration of a statute of limitations under applicable nonbankruptcy law the trustee moved to amend his complaint as of the date of the original complaint; the Court ruled (1) that the amendment would not relate back to the date of filing of the complaint under Rule 15(c) of the Federal Rules of Civil Procedure when the defendant had neither actual nor constructive notice of his claim and (2) even if applicable nonbankruptcy law might bar a claim against a decedent’s estate in state court, the Trustee was not barred from maintaining a preference action in bankruptcy court).
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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 Pow Wow River Campground, Inc., 296 B.R. 81 (Bankr. D.N.H. 2003) (awarding attorney fees under 11 U.S.C. § 503(b) for creditor’s “substantial contribution” to Chapter 11 plan, where creditor’s involvement directly led to a significant increase in the dividend to unsecured creditors).
Atcco Mortgage, Inc. v. Morley In re Morley, 292 B.R. 446 (Bankr. D.N.H. 2003) (applying Virginia law in finding that a prepetition settlement agreement would not be rescinded for fraud due to (1) defendant’s lack of intent and (2) plaintiff’s unreasonable reliance on defendant’s misrepresentation; sustaining in part the debtor’s objection to a secured claim).
Peterson v. Peterson (In re Peterson), 292 B.R. 228 (Bankr. D.N.H. 2003) (finding that the Debtor’s obligations to his ex-spouse for (1) child support, (2) uninsured medical expenses, (3) educational expenses, and (4) attorney’s fees incurred in connection with the ex-spouse’s efforts to collect alimony, maintenance, and child support from the Debtor are excepted from discharge pursuant to 11 U.S.C. § 523(a)(5)).
Premier Capital v. Diamond (In re Diamond), 2003 BNH 008 (denying the Plaintiff’s six count complaint seeking to deny the Debtor’s discharge pursuant to 11 U.S.C. § 727(a)(2)(A) and (4), holding that the requisite intent to hinder, delay or defraud a creditor could not be inferred from the facts and circumstances of the case and that the omissions and discrepancies in the bankruptcy schedules were not knowingly and fraudulently made false oaths).
Boots v. New Hampshire Higher Educ. Assistance Found. (In re Boots), 2003 BNH 007 (applying the three prong Brunner test and finding the repayment of the Debtor’s student loan debt, held by New Hampshire Higher Education Assistance Foundation and Sallie Mae Servicing Center, would be an undue hardship and is discharged pursuant to 11 U.S.C. § 523(a)(8)).
Sangi v. San Giovanni (In re San Giovanni), 289 B.R. 516 (Bankr. D.N.H. 2003) (finding Debtor’s obligations to his ex-spouse to be in the nature of alimony, maintenance, or support and therefore excepted from discharge pursuant to 11 U.S.C. § 523(a)(5)).
Atlantic Orient Corp. v. AOC Energy, L.L.C. (In re Atlantic Orient Corp.), 290 B.R. 456 (Bankr. D.N.H. 2003) (granting a permanent injunction based upon a stipulated record and finding that (1) the parties understood and formed an enforceable agreement at an auction sale which changed the general rule under UCC § 2-328(2) regarding the timing of the transfer of title; and (2) tender of the purchase price was defective and therefore title to the Debtor’s assets were not transferred at the “fall of the hammer” and, therefore, the assets were property of the estate on the petition date).
Bezanson v. Thomas (In re R & R Assocs. of Hampton), 2003 BNH 003 (directing defendants Attorney Thomas J. Thomas, Jr., individually, and Thomas & Utel, and its successors to disgorge $19,108.30 and denying all other counts of the Trustee’s complaints) [Note- duplicate opinions issued in: Bezanson v. Thomas, et al. Adv. No 98-1090-MWV, Adv. No 98-1136-MWV, & Adv. No 98-1174-MWV].
In re River Valley Fitness One, LP, 2003 BNH 004 (applying Winthrop Old Farm Nurseries, Inc. v. New Bedford Inst. for Sav. (In re Winthrop Old Farm Nurseries, Inc.), 50 F.3d 72 (1st Cir. 1995), in determining the value of a secured creditor’s real property collateral at $2,218,878, for purposes of confirmation, through an income capitalization approach after consideration of conflicting expert appraisal evidence).