In re Trikeenan Tileworks, Inc., 2011 BNH 008 (denying confirmation of the Debtors’ plan because it violates the absolute priority rule and therefore is not fair and equitable pursuant to 11 U.S.C. § 1129(b)(2)(B)(ii) and overruling, in part, the Debtors' objection to a competing plan, finding the competing plan was filed in good faith under 11 U.S.C. § 1129(a)(3)).
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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.
Notinger v. Migliaccio (In re Fin. Res. Mortg., Inc.), 454 B.R. 6 (Bankr. D.N.H. 2011)(granting the defendants/lenders/investors’ motion to dismiss the trustee’s claims under 11 U.S.C. §§ 541 and 542 seeking turnover of property that the trustee contended was property of the estate and denying their motion to dismiss the trustee’s claims under 11 U.S.C. §§ 544, 547, and 548 and NH RSA 545-A:4(I)(a)).
In re Visconti, 448 B.R. 617 (denying the debtor’s motion, which requested conversion of his case to chapter 13 and approval of a settlement that would effectively dismiss the United States Trustee’s action under 11 U.S.C. § 727 without the United States Trustee’s consent, because the debtor’s request to convert his case from chapter 7 to chapter 13 was made in bad faith within the meaning of Marrama v. Citizens Bank of Massachusetts, 549 U.S. 365 (2007)).
In re McLaughlin, 2011 BNH 005 (holding that a creditor’s alleged mechanic’s lien is junior to another creditor’s judicial lien because, under NH RSA 447:2, the mechanic’s lien arose after the judicial lien was properly perfected).
In re McGrahan, 448 B.R. 611 (holding that after confirmation of a chapter 13 plan that pays prepetition child support arrears in full, the state of New Hampshire may not intercept tax refunds of a chapter 13 debtor to pay prepetition child support arrears under the exemption from the automatic stay in 11 U.S.C. § 362(b)(2)(F)).
In re Doolan, 447 B.R. 51 (holding that the Town of Derry and the Town of Pembroke violated the automatic stay under § 362(a)(4), (a)(5), and (a)(6) by sending the debtors a notice of arrearage and a notice of impending tax lien that included a demand for payment and threatened to execute a tax deed on the property if the arrearage was not redeemed, and that the Town of Pembroke was in contempt of the confirmation order because it applied post-petition payments by the debtor to the prepetition arrearage and accrued interest on the prepetition arrearage at a rate different than provided in the confirmed plan).
Sousa v. Wells Fargo, NA (In re Sousa), 2011 BNH 003 (holding that (1) Lender did not comply with the provisions of the Truth in Lending Act (“TILA”), under 15 U.S.C. § 1635(a) and Regulation Z, 12 C.F.R. §§ 226.15(b) and 226.23(b), when it failed to provide the debtor two copies of her notice of right to rescind; (2) the debtor validly rescinded the loan and must tender to Wells Fargo the monies lent to her minus any payments made and finance charges accrued; and (3) the lender’s proof of claim is disallowed since the prepetition contractual obligations under the note and mortgage have been rescinded and replaced by the debtor’s obligation under TILA to tender money to the lender).
In re KS Realty, Inc. and Pointe Luck, LLC, 2011 BNH 001 (disallowing a claim by a real estate broker pursuant to 11 U.S.C. § 502(b)(1) as the broker had no right to a commission under New Hampshire state law and therefore no allowable claim against the debtors).
In re Roy, 2010 BNH 031 (determining the value of a chapter 13 debtor’s mixed use property for purposes of avoiding and cramming down his secured creditors' claims pursuant to 11 U.S.C. §§ 506(a) and 1322(b)(2)).
In re Carlucci, 2010 BNH 030 (granting Debtors’ motion to avoid lien under 11 U.S.C. § 522(f) to the extent that it impaired the Debtors’ exemption and awarding partial fees for lienholder’s appraiser having to appear at an unnecessary hearing at the fault of the Debtors.)