Smith v. Merrill Lynch, Pierce, Fenner & Smith Inc. (In re Lee), (granting the Defendant’s motion to dismiss a preference action relating to payments that occurred more than ninety days prior to the filing of the Debtor’s petition because the Plaintiff failed to allege sufficient facts for the Court to infer that the alleged transaction was less than arm's length, but allowing the Plaintiff to amend his complaint since a responsive pleading had not been filed.)
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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 Davey, 2010 BNH 028 (denying confirmation of Debtor's Chapter 11 plan and granting the United States Trustee’s motion to dismiss the case because the plan: (1) called for impermissible allocation of eminent domain proceeds, (2) is not feasible, and (3) is highly unsupported by the Debtor’s creditors.)
Bogdanov. Avnet, Inc. (In re Amherst Techs., LLC), 2010 BNH 027 (holding that the creditor did not establish an ordinary course of business defense under 11 U.S.C. § 547(c)(2) but did establish a new value defense under 11 U.S.C. § 547(c)(4), which limited the trustee’s recovery under 11 U.S.C. §§ 547(b) and 550, and awarding prejudgment interest to the trustee).
Maroun v. Litton Loan Servicing L.P. (In re Maroun), 2010 BNH 026 (exercising the Court’s power under 28 U.S.C. § 1334(c)(1) to abstain from ruling on Defendants’ motion for summary judgment, because any judgment rendered upon the Defendants necessarily requires the Court to adjudicate the merits of the complaint against parties who have been removed from the Court’s jurisdiction.)
Duby v. United States of America (In re Duby), 2010 BNH 025 (awarding attorney’s fees to Debtor where Defendant willfully violated the automatic stay under 11 U.S.C. § 362 in accordance with the Equal Access to Justice Act for fee awards against the government and awarding a sanction for violation of the discharge injunction under, but tempering the total award for reasonableness.)
Ong v. Ong-Maguire (In re Ong-Maguire), 2010 BNH 024 (denying a motion to dismiss on Counts I, III, and IV of an amended complaint because the complaint contained enough facts to establish a plausible claim for relief under 11 U.S.C. §§ 523(a)(2)(A), 523(a)(4), and 727(a)(2)(B) based on the Defendant’s conduct acting as a trustee of a family trust; granting the motion to dismiss on Count II under § 727(a)(4)(A) because the false oath was not made in connection with the bankruptcy case).
In re Wunderlich, 2010 BNH 023 (reducing the amount of interim fees requested by the trustee because a pro se creditor spent numerous hours investigating the assets of the Debtor and is responsible for obtaining a significant amount of the assets in the case).
Mosher v. Evergreen Mgmt., Inc. (In re Mosher), 2010 BNH 022 (awarding attorneys' fees to Debtor where Defendant willfully violated the automatic stay under 11 U.S.C. § 362, but tempering award for reasonableness; and denying Defendant's motion for directed verdict).
Gembitsky v. DeSteph (In re DeSteph), 2010 BNH 021 (finding in favor of the Plaintiff on her breach of contract and fraud claims, and imposing a constructive trust on Defendant's vehicle because he violated a duty imposed by a confidential and fiduciary relationship when he failed to use the Plaintiff's money as instructed, but denying complaint as to all other counts; and finding that the Defendant's obligation to the Plaintiff is excepted from discharge in his bankruptcy).
Westbrook v. Westbrook (In re Westbrook), 2010 BNH 020 (granting motion to dismiss the complaint for non-dischargeability because Plaintiff's underlying claim of fraud is time-barred).