Notinger v. Costa (In re Robotic Vision Sys., Inc.), 374 B.R. 36 (Bankr. D.N.H. 2007) (denying in substantial part under FRCP 12(b)(6) the defendants’ motions to dismiss the trustee’s claims for breaches of an officer’s and several directors’ fiduciary duties because the trustee’s complaint set forth a plausible basis for relief and the defenses under the Delaware business judgment rule and the exculpatory provision in the debtor's corporate charter were not established with certitude).
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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 Dubravsky, 374 B.R. 467 (Bankr. D.N.H. 2007) (overruling the trustee’s objection to the debtor’s claim of homestead exemption under NH RSA 480:1 even though the debtor no longer lived in her former residence in Maine and had not for more than two years because the debtor’s absence, although permanent, was the result of a divorce decree, which incorporated a stipulation between the spouses, that required the debtor to surrender her interest in the residence in return for a one-half interest in the net sale proceeds upon sale of the residence under the terms of the decree).
LaCarubba v. Mooney (In re Mooney), 2007 BNH 029 (plaintiff failed to prove, by a preponderance of the evidence, that (1) the defendant/debtor’s obligation to the plaintiff should be excepted from discharge under §§ 523(a)(4) or (a)(6); and (2) the defendant/debtor should be denied a discharge under §§ 727(a)(4)(A) or (a)(7)).
In re Stevens, 374 B.R. 31 (Bankr. D.N.H. 2007) (a debtor’s statutory right under NH RSA 80:89 to repurchase real property after the recording of a tax deed to a town is a property interest which becomes property of the estate so long as the debtor files a bankruptcy petition before the right to repurchase expires;C2A0206Eotwithstanding applicable state law, a chapter 13 debtor may pay the repurchase price for their principal residence over the term of a confirmed chapter 13 plan).
Official Committee of Unsecured Creditors v. Foss (In re Felt Mfg. Co., Inc.), 371 B.R. 589 (Bankr. D.N.H. 2007) (ruling on various motions to dismiss filed by fourteen defendants, who are former officers and directors of the debtor, a shareholder and brother of an officer and a director, a spouse of a director, and various trusts and other legal entities owned or controlled by one or more of the individual defendants, under the standard recently articulated by the United States Supreme Court in Bell Atl. Corp. v. Twombly, 127 S. Ct. 1955 (2007), and concluding that the complaint stated claims for breach of fiduciary duty as the in pari delicto defense was not a bar to such claims, aiding and abetting breach of fiduciary duty, waste of corporate assets, unjust enrichment, declaration of illegal dividends under NH RSA 293-A:6.40 and 8.33, equitable subordination under 11 U.S.C. § 510, recharacterization, avoidance and recovery of fraudulent transfers under 11 U.S.C. §§ 544, 548 and 550 and NH RSA 545-A:4 and 5, and avoidance and recovery of preferential transfers under 11 U.S.C. §§ 547 and 550, as to some or all of the defendants with respect to some or all of the creditors committee’s claims, but the complaint did not state a claim for deepening insolvency).
In re Wyatt, 2007 BNH 026 (granting relief from the stay for the limited purpose of determining the existence and extent of any insurance coverage but declining to rule on the full extent of the trustee's motion for relief to collect insurance proceeds from the debtor's insurer).
In re Stickney, 370 B.R. 31 (Bankr. D.N.H. 2007) (finding that a chapter 7 trustee has standing to file a motion to vacate an order approving a debtor’s application for waiver of the chapter 7 filing fee, denying the debtor’s application to waive chapter 7 filing fee under 28 U.S.C. § 1930(f)(1) and setting out the 2-part Waiver Test to be used by the Court when determining whether or not to grant a debtor’s fee waiver application).
Alvord v. Harris (In re Harris), 2007 BNH 024 (denying, on summary judgment motion, debtor's discharge under 11 U.S.C. § 727(a)(2)(B) and (a)(4)(A), and determining that factual issues preclude granting summary judgment under 11 U.S.C. § 727(a)(3)).
In re Wunderlich, 369 B.R. 80 (Bankr. D.N.H. 2007) (disallowing the debtor's amended schedules in which he sought to claim New York property exemptions, based on debtor's bad faith in initially claiming exemptions under New Hampshire law).
Notinger v. Brown (In re Brown), 2007 BNH 021 (denying the debtor a discharge under 11 U.S.C. § 727(a)(3) and (a)(7) because, without justification, the debtor failed to maintain records for himself and for a corporate insider from which their financial condition or business transactions might be ascertained).