Mission Product Holdings, Inc. v. Schleicher & Stebbins Hotels, L.L.C. (In re Old Cold, LLC), 2021 BNH 003 (denying leave to amend complaint on futility grounds because proposed amended claims were either precluded by final sale order, application of the doctrine of collateral estoppel, or expiration of statute of limitations).
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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 Corson, 2021 BNH 002 (in sustaining the chapter 7 Trustee’s objection to the priority treatment of the creditor’s unsecured proof of claim for guardian ad litem fees under 11 U.S.C. § 507(a)(1)(A) and (a)(1)(B), the court determined that: (1) the creditor, who served as the court-appointed guardian ad litem in the debtor’s divorce proceeding, was not a “legal guardian” within the meaning of 11 U.S.C. § 101(14A)(A)(i) and, accordingly, that the claim was not a “domestic support obligation” as defined by 11 U.S.C. § 101(14A)(A)-(D) entitled to priority treatment under 11 U.S.C. § 507(a)(1)(A) and (a)(1)(B)).
In re Pitbull Realty Grp. Inc., 2021 BNH 001 (overruling debtor’s objection to creditors’ scheduled claims where the creditors were not required to file a proof of claim pursuant to Federal Rule of Bankruptcy Procedure 3003(b)(1) and (c)(2) and holding that the debtor failed to produce substantial evidence to overcome the scheduled claims’ prima facie validity where the debtor conceded that it had no dispute with respect to the merits of the claims).
Specialized Loan Servicing, LLC v. Town of Bartlett (In re Edward Charles Furlong, III), 620 B.R. 422 (Bankr. D.N.H. 2020) (court will not apply doctrine of equitable subrogation to reorder relative priorities of mortgage and intervening attachment/judgment lien where such application would prejudice the rights of the attaching/judgment creditor who relied on the relative mortgage/lien priorities on record at the registry of deeds).
In re Lally, 612 B.R. 246 (Bankr. D.N.H. 2020) (holding that under 11 U.S.C. § 330(a)(7), the graduated percentage commission of § 326 is presumptively reasonable compensation for the chapter 7 trustee; commission base does not include distributions of property that is not property of the estate; in reviewing fee applications for counsel to trustees, court will take particular care to ensure that counsel does not seek reimbursement for non-delegable tasks of the chapter 7 trustee).
Kriss v. U. S. (IRS) (In re Kriss), 2019 BNH 003 (granting in part and denying in part defendant United States of America’s Motion for Judgment on the Pleadings, as follows: (1) debts arising from untimely filed federal income tax returns were excepted from discharge pursuant to 11 U.S.C. § 523(a)(1)(B); (2) debts consisting of unpaid post-petition interest on priority claims that were paid in full through debtor’s chapter 13 plan were excepted from discharge pursuant to 11 U.S.C. § 1328(a)(2) and 507(a)(8)(C); (3) genuine issue of material fact existed as to whether post-discharge notices sent by IRS to the debtor relating to tax years 2008-2011 violated discharge injunction of 11 U.S.C. § 524(a)(2), precluding judgment on the pleadings; (4) IRS had not waived sovereign immunity with respect to emotional distress damage claim, entitling the defendant to judgment on the pleadings, and (5) debtor stated plausible claim for attorney’s fees, costs, and sanctions, precluding judgment on the pleadings).
Morris v. Massachusetts Educ. Fin. Auth. (In re Morris), 2019 BNH 002 (holding that the repayment of the debtor’s student loan debt would not impose an undue hardship within the meaning of 11 U.S.C. § 523(a)(8) where the debtor’s household income would be sufficient to cover his student loans payments if the debtor were able to obtain another restaurant job making roughly the same money he made before he voluntarily left his last position).
Rissala v. New Hampshire Higher Educ. Assistance Found. (In re Rissala), 2019 BNH 001 (holding that the repayment of the debtor’s student loan debt would not impose an undue hardship within the meaning of 11 U.S.C. § 523(a)(8) where in the near future his retirement benefits would be sufficient to cover the payment and leave him with a material surplus each month, and debtor was eligible for a zero monthly payment program in the interim).
In re Babineau, 2018 BNH 012, issued Dec. 18, 2018 (unpublished) (overruling chapter 13 debtor's objection to creditor-spouse's proof of claim, finding that attorney's fees awarded to creditor-spouse in divorce proceeding and incurred proving that debtor misrepresented his income to avoid paying creditor-spouse additional alimony is a “domestic support obligation” within the meaning of 11 U.S.C. § 101 (14A), entitled to priority and payment in full pursuant to 11 U.S.C. §§ 507 (a)(1) and 1322(a)(2)).
In re Evarts, 2018 BNH 011 (overruling the debtor’s objection to the mortgagee’s proof of claim, which challenged escrow and hazard insurance charges and the amount of the principal balance under the loan modification agreement, as the debtor failed to present substantial evidence that would permit the Court to disallow these components of the claim in accordance with 11 U.S.C. § 502(b)).