Naugler v. Carlini (In re Naugler) and Carlini v. Naugler (In re Naugler), 2009 BNH 015 (awarding attorney's fees to Debtor where Defendant willfully violated the automatic stay under 11 U.S.C. § 362(a) by contacting Debtor regarding collection of pre-petition claims after Defendant was notified of bankruptcy filing; and denying complaint where Plaintiff failed to satisfy his burden under 11 U.S.C. §§ 727 and 523 and show that Debtor should be denied a discharge for: (1) failure to satisfactorily explain his deficiency of assets; (2) making a false oath or account; (3) making a false representation; and (4) committing fraud or defalcation while acting in a fiduciary capacity).
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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. Dreier LLP (In re Robotic Vision Sys., Inc.), and Notinger v. Marotta, Gund, Budd & Dzera, LLC (In re Robotic Vision Sys., Inc.), 2009 BNH 014 (approving the chapter 7 trustee’s motions to approve compromises regarding fees and expenses sought by chapter 11 professionals).
U.S. Trustee v. Perrotta (In re Perrotta), 406 B.R. 1 (Bankr. D.N.H. 2009) (denying the debtor’s motion to dismiss a complaint to revoke the debtor’s discharge under 11 U.S.C. § 727(d)(1) based upon information discovered after the expiration of the deadline to object to discharge in Fed. R. Bankr. P. 4004(a) but before entry of a discharge, where entry of the discharge was delayed by Fed. R. Bankr. P. 4004(c)(1)(D) due to a pending motion to dismiss for abuse under 11 U.S.C. § 707(b); holding that application of the deadline to object to discharge in Fed. R. Bankr. P. 4004(a) under the circumstances of the case would be contrary to the fresh start policy of the Bankruptcy Code, the congressional delegation of rulemaking authority in 28 U.S.C. § 2075, and would be an abuse of the bankruptcy process under 11 U.S.C. § 105(a)).
Kainu v. Sallie Mae, Inc. (In re Kainu), 2009 BNH 012 (finding payment of the debtor’s student loan obligations to three student loan creditors would impose an undue hardship on her and her dependent within the meaning of 11 U.S.C. § 523(a)(8)).
Rizzo v. Mindes (In re Mindes), 412 B.R. 8 (Bankr. D.N.H. 2009) (denying complaint because no false representation was made under section 523(a)(2)(A) when at the time of making the statement the defendant intended to perform the future action but later changes his mind, or intervening events cause him to act otherwise).
Rifken v. CapitalSource Finance, LLC (In re Felt Mfg. Co., Inc.), 402 B.R. 502 (Bankr. D.N.H. 2009) (denying in part defendant’s motion under FRCP 12(b)(6) to dismiss the plaintiff’s claim under 11 U.S.C. § 506(c) to surcharge proceeds from defendant’s collateral for services rendered by professionals for the debtor and unsecured creditors’ committee because the complaint set forth a plausible basis for relief and affirmative defenses of standing, waiver, and res judicata were not applicable, and granting the motion in part to the extent that it sought to surcharge expenses incurred after the date the debtor had waived such claims).
Notinger v. Wells Fargo Bank, N.A. (In re Prescott), 2009 BNH 009 (granting defendant's motion for summary judgment on Count I which precludes avoidance of a mortgage lien pursuant to 11 U.S.C. § 544(a)(2), because a mortgage containing an additional incomplete description is valid and provides constructive notice of the property encumbered; granting plaintiff's motion for summary judgment on Count II to avoid an attachment pursuant to § 549, because the action to obtain the attachment was outside the scope of the relief granted in the Court's order; and denying summary judgment on the remaining counts brought pursuant to §§ 524 and 510).
In re Plourde, 402 B.R. 488 (Bankr. D.N.H. 2009) (finding that upon bifurcation of a claim, a debtor that chooses to modify the terms of the secured portion of the allowed claim by changing the payments of principal and interest pursuant to § 1325(a)(5) is required by § 1322(d) to pay the secured portion of the allowed claim in full during the life of the plan).
In re MTM Realty Trust, 2009 BNH 008 (holding that debtor’s property was single asset real estate under 11 U.S.C. § 101(51B) because debtor’s property was commercial, the property generated all of the debtor’s gross income, and debtor had no other substantial business activities other than operating its real property since it only collected rent from tenants and paid normal expenses associated with owning commercial real estate).
Schatz v. Imperial Capital Bank (In re Schatz), 402 B.R. 482 (Bankr. D.N.H. 2009) (granting summary judgment in favor of the Plaintiff and denying the Defendant's summary judgment motion; finding that a creditor's mortgage recorded within the ninety day period preceding the filing of the bankruptcy petition is avoidable even though the mortgage took effect almost two years before the filing, because under 11 U.S.C. § 547(b) a transfer is deemed made on the date of perfection if the transfer is perfected more than thirty days after it took effect).