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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 Pageau, 02/21/2008

In re Pageau, 383 B.R. 221 (Bankr. D.N.H. 2008) (concluding the debtor did not rebut the presumption of abuse under 11 U.S.C. § 707(b)(2)(B) as she failed to establish any special circumstances that would warrant the inclusion of the debtor’s monthly student loan obligation on Form B22A, the means test form, as an additional expense for which there is no reasonable alternative).

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The proper form for citing court opinions is contained in Local Bankruptcy Rule 1050-1 which is set forth below:

(a) Reported Opinions. Opinions that are reported in the Bankruptcy Reporter, Bankruptcy Court Decisions or other reporter shall be cited using the citation format for such reporter suggested in The Bluebook, e.g., In re Grant, 242 B.R. 800, 801 (Bankr. D.N.H. 2000).

(b) Unreported Opinions. Unreported opinions are opinions that have not been released for publication in printed reports. An opinion is issued in unreported form where, in the view of the judge issuing the opinion, the opinion does not articulate a new rule of law, modify an established rule, apply an established rule to novel facts, or otherwise serve as a significant guide to future parties and litigants. While unreported opinions may be cited by parties and litigants in unrelated cases in the form described in paragraphs (c) or (d), their precedential value may be limited.

(c) Unreported Opinions Published on the Court’s Web Site and Issued After January 1, 1999. Unreported opinions that are issued after January 1, 1999, shall be cited using the four-digit year in which the opinion was issued, the letters “BNH,” the three-digit opinion number located on the top of the opinion and, where reference is made to specific material within the opinion, the page number, e.g., In re Hellesen, 1999 BNH 002, 3.

(d) Unreported Opinions Not Published on the Court’s Web Site. Unreported opinions that are not published on the Court’s web site shall be cited using the citation form for unreported decisions suggested in The Bluebook, e.g., Galloway v. True (In re True), Bk. No. 96- 11447-MWV, Adv. No. 96-1093-MWV, slip. op. at 3 (Bankr. D.N.H. Aug. 22, 1997).