Bezanson v. Choate (In re R & R Associates of Hampton), 248 B.R. 1 (Bankr. D.N.H. 2000) (holding that Trustee’s fraud action, brought pursuant to Rule 60(b)(3) of the Federal Rules of Civil Procedure, against a law firm that allegedly failed to disclose prepetition connections with the Debtor and its general partners was untimely; however, holding that the complaint did state a claim for fraud on the 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.
Commerce Bank & Trust Co. v. Perry Hollow Golf Club, Inc. (In re Perry Hollow Management Co., Inc. and Perry Hollow Golf Club, Inc.), 2000 BNH 013 (concurring with Judge Deasy’s opinion in Banc of America Commercial Fin. Corp. v. CGE Shattuck, LLC (In re CGE Shattuck, LLC), Bk. No. 99-12287-JMD, CM No. 99-747 (Bankr. D.N.H. 1999) that determination of whether real property is “single asset real estate” as defined by 11 U.S.C. § 101(51B) should not put form over substance, and finding that a single golf course operation that involves two separate corporations, one that holds the property and a one that operates the golf course and facilities, is not “single asset real estate”).
In re Shepherds Hill Development Co., LLC, 2000 BNH 012 (denying the movant’s request that its time for performance under a purchase agreement concerning the debtor’s property be extended on the ground that it had not been shown that the debtor, through the Chapter 11 trustee, breached the implied obligation of good faith and fair dealing inherent in all N.H. contracts as expressed in Centronics Corp. v. Genicom Corp., 132 N.H. 133 (1989)).
In re Shepherds Hill Development Co., LLC, 2000 BNH 011 (denying creditors’ and equity holders’ motion to vacate a previously entered court order approving the sale of the debtor’s development property free and clear of liens pursuant to 11 U.S.C. § 363(f) on the ground that the standard for vacating such orders as enunciated in In re WPRV-TV, Inc., 983 F.2d 336 (1st Cir. 1993) had not been met).
In re MacLean, 2000 BNH 010 (adopting the holding of In re Stewart, Bk. No. 99-10237-MWV (Bankr. D.N.H. Feb. 29, 2000) that, in light of In re Weinstein, 164 F.3d 677 (1st Cir. 1999), 11 U.S.C. § 522(c) preempts the pre-January 1, 1999 carve-out found in N.H. RSA 511:2(XIX) with the result that the debtor may exempt two IRAs in full notwithstanding the fact that most of his debts arose before January 1, 1999).
In re Stewart, 246 B.R. 134 (Bankr. D.N.H. 2000) (holding that, in light of In re Weinstein, 164 F.3d 677 (1st Cir. 1999), 11 U.S.C. § 522(c) preempts the pre-January 1, 1999 carve-out found in N.H. RSA 511:2(XIX) with the result that the Debtors may exempt three financial assets in full notwithstanding the fact that most of their debts arose before January 1, 1999, and finding that N.H. RSA 511:2(XIX), as preempted by 11 U.S.C. § 522(c), does not violate the Contracts Clause of the United States Constitution).
In re Business Express, Inc., 2000 BNH 008 (former employee’s claim for lost wages and for reinstatement denied upon finding that there was no formal employment agreement or implied employment agreement under Connecticut law between the employee and the Debtor and where, in any event, sufficient cause existed for terminating the employment; also, the termination did not violate Connecticut’s Whistleblower Statute).
In re Werden, 2000 BNH 007 (finding that (1) the debtor filed his Chapter 13 petition in good faith for purposes of 11 U.S.C. § 1307(c) and therefore holding that his case should not be dismissed, and (2) the debtor’s Chapter 13 plan was not feasible and therefore denying confirmation pursuant to 11 U.S.C. § 1325(a)(6)).
Ayoob v. Bresnahan (In re Bresnahan), 2000 BNH 006 (finding that the plaintiff had not met her burden of proof with respect to her complaint seeking to except a debt from discharge pursuant to 11 U.S.C. § 523(a)(2)(A)).
Muller v. Green (In re Green), 2000 BNH 005 (finding the debtor’s property settlement obligation to her former spouse nondischargeable pursuant to 11 U.S.C. § 523(a)(15)).