DeWitt v. Stewart (In re Stewart), 2017 BNH 010 (finding that the claims of the plaintiffs, former clients of the debtor, the owner of a residential remodeling company, should not be excepted from the discharge pursuant to 11 U.S.C. § 523(a)(2)(A), false pretenses, false representations, and actual fraud, and 11 U.S.C. §523(a)(6), willful and malicious injury).
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In re Hanish, LLC, 2017 BNH 009 (denying the Chapter 11 debtor’s motion to reconsider the Court’s order denying of approval of the debtor’s disclosure statement on the basis the plan improperly separately classified the debtor’s unsecured creditors, concluding that 11 U.S.C. § 1123(a)(4) does not permit the separate classification of an unsecured creditor who accepts less favorable treatment than other unsecured creditors under the plan in order to obtain the acceptance of an impaired class).
In re Ladona, 2017 BNH 008 (denying the debtor's motion seeking sanctions from the IRS for an alleged violation of the discharge injunction, concluding that, in light of the debtor's failure to file his tax return timely, the tax debt was both entitled to priority treatment under 11 U.S.C. §507(a)(8)(A)(i) and excepted from discharge under 11 U.S.C. §523(a)(1)(B) and 1328(a)(2), such that interest, which was not provided for by the debtor's Chapter 13 plan, continued to accrue post-petition)
Todt v. Ocwen Loan Servicing, LLC (In re Todt), 567 B.R. 667 (Bankr. D.N.H. 2017) (finding the mortgagee and its servicer were not protected by 11 U.S.C. § 524(j) and in fact violated the discharge injunction of 11 U.S.C. § 524(a)(2) by continuing to send the debtors (a) monthly statements demanding payment post-discharge, and (b) various other communications concerning escrow payments and hazard insurance post-foreclosure, and holding the mortgagee and its servicer jointly and severally liable for emotional distress damages of $13,000 and for attorney's fees and expenses of more than $30,000).
Ford v. Duggan (In re Duggan), 2017 BNH 006 (concluding that the Chapter 7 trustee sustained his burden to sell real estate free and clear of the interests of the co-owners pursuant to 11 U.S.C. §363(h) where the sale proceeds would pay all claims and yield a surplus to the debtor, each co-owner would receive approximately $88,000 on account of their interest, and the loss of the property due to a municipal tax taking appeared inevitable gien the co-oweners' inability to cure the substantial real estate tax arrearage; also holding that 11 U.S.C. §363(j) unequivocally requires the cost of the sale to be charged against to the gross sale proceeds notwithstanding the co-owners' objections to the sale)
In re Hansen, 2017 BNH 005 (granting the chapter 7 trusee's motion to sell patent assets, deferring to the trustee's business judgment that this sale under 11 U.S.C. § 363(b) was in the best interests of the parties as it resulted in a certain and immediate recovery to creditors, and finding that the effective settlement of the pending patent case was reasonable under the four-part standard applicable to FRBP 9019 in the First Circuit even though the debtor would lose the possibility of receiving a surplus).
Robbins v. Walter E. Jock Oil Co., Inc. (In re Robbins), 2017 BNH 004 (awarding damages for a violation of the discharge injunction and opting to use the lodestar approach in making an award of attorney's fees, rather than relying on the contingent fee called for in fee agreement; fees reduced given the absence of detailed contemporaneous records of the work counsel had performed in the case).
In re Wood, 2017 BNH 003 (granting the debtors' motion under 11 U.S.C. § 506(a) and 1322(b)(2), seeking to void the creditor's secured mortgage lien on the debtor's principal residence, as the Court found that the value of the debtor's residence was less than the first mortgagee's cliam and therefore the creditor's cliam was wholly unsecured).
Kirk v. Burrows (In re Burrows), 2017 BNH 002 (denying plaintiff's motion for summary judgment under FRBP 7056 because she did not sustain her burden of establishing that she could use her California default judgment to collaterally estop the debtor/plaintiff from re-litigating issues in this adversary proceeding, which seeks to except the plaintiff's judgment debt from discharge pursuant to 11 U.S.C. § 523(a)(2)(A) and (a)(6)).
In re ARSN Liquidating Corp. Inc., 2017 BNH 001 (holding that the debtor's workers' compensation experience rating cannot be imposed on the purchaser of substantially all of the debtor's assets through a bankruptcy sale approved by the Court pursuant to 11 U.S.C. § 363(f) because that experience rating was an "interest" of which the debtor's assets were sold free and clear).