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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 Whispering Pines Estate, Inc., 12/28/2006

In re Whispering Pines Estate, Inc., 2006 BNH 051 (while confirmation of Chapter 11 plan proposed by secured creditor is on appeal, granting relief from the automatic stay to that secured creditor for lack of adequate protection, and denying motions to appoint Chapter 11 trustee).

Landry v. Dunlop (In re Dunlop) 12/27/2006

Landry v. Dunlop (In re Dunlop), 2006 BNH 050 (declaring a debtor/landlord’s obligation under a final state court judgment to a former tenant, arising from the debtor/landlord’s breach of the warranty of habitability for failing to repair the tenant’s septic system, non-dischargeable under 11 U.S.C. § 523(a)(6) as a debt for willful and malicious injury).

In re Teixeira 12/21/2006

In re Teixeira, 358 B.R. 484 (Bankr. D.N.H. 2006) (calculating projected disposable income under section 1325(b)(1)(B)).

In re Harris 12/01/2006

In re Harris, 2006 BNH 048 (denying, because of the debtor’s bad faith, debtor’s attempt to amend his schedules in order to exempt certain property).

Kalil v. Mullen (In re Mullen) 11/29/2006

Kalil v. Mullen (In re Mullen), 2006 BNH 047 (denying Defendant’s motion to dismiss and declining to rule on Plaintiff’s request for a preliminary injunction).

Kolomiitchenko v. Dolan (In re Dolan) 11/28/2006

Kolomiitchenko v. Dolan (In re Dolan), 2006 BNH 045 (finding in favor of the plaintiff on a complaint under 11 U.S.C. § 523(a)(15) where the plaintiff satisfied her burden of persuasion on the income test under 11 U.S.C. § 523(a)(15)(A) and the balancing test under 11 U.S.C. § 523(a)(15)(B)).

Neal v. NH Higher Educ. Assistance Found. (In re Neal), 11/28/2006

Neal v. NH Higher Educ. Assistance Found. (In re Neal), 354 B.R. 583 (Bankr. D.N.H. 2006)(discharging student loans pursuant to § 523(a)(8)).

In re Pittsfield Weaving Co., 11/27/2006

In re Pittsfield Weaving Co., 355 B.R. 404 (granting, over the United States Trustee’s § 327(a) objection, debtor’s motion to retain counsel, finding that special circumstances existed in which the benefits to the debtor substantially outweighed countervailing factors, and ordering that countervailing factors be mitigated by counsel waiving his prepetition claim, and counsel’s representation that he will not represent any potential lender or investor in connection with this case).

Kirby v. Kirby (In re Kirby), 10/31/2006

Kirby v. Kirby (In re Kirby), 356 B.R. 324 (Bankr. D.N.H. 2006) (holding that ex/husband is not a creditor and therefore lacks standing to assert a section 727(a) objection to debtor’s/ex/wife’s discharge).

In re Whispering Pines, Inc., 10/23/2006

In re Whispering Pines, Inc., 2006 BNH 042 (confirming a secured creditor’s proposed Chapter 11 plan that contains a carve/out for unsecured creditors).

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The proper form for citing court opinions is contained in Local Bankruptcy Rule 1050-1 which is set forth below:

(a) Reported Opinions. Opinions that are reported in the Bankruptcy Reporter, Bankruptcy Court Decisions or other reporter shall be cited using the citation format for such reporter suggested in The Bluebook, e.g., In re Grant, 242 B.R. 800, 801 (Bankr. D.N.H. 2000).

(b) Unreported Opinions. Unreported opinions are opinions that have not been released for publication in printed reports. An opinion is issued in unreported form where, in the view of the judge issuing the opinion, the opinion does not articulate a new rule of law, modify an established rule, apply an established rule to novel facts, or otherwise serve as a significant guide to future parties and litigants. While unreported opinions may be cited by parties and litigants in unrelated cases in the form described in paragraphs (c) or (d), their precedential value may be limited.

(c) Unreported Opinions Published on the Court’s Web Site and Issued After January 1, 1999. Unreported opinions that are issued after January 1, 1999, shall be cited using the four-digit year in which the opinion was issued, the letters “BNH,” the three-digit opinion number located on the top of the opinion and, where reference is made to specific material within the opinion, the page number, e.g., In re Hellesen, 1999 BNH 002, 3.

(d) Unreported Opinions Not Published on the Court’s Web Site. Unreported opinions that are not published on the Court’s web site shall be cited using the citation form for unreported decisions suggested in The Bluebook, e.g., Galloway v. True (In re True), Bk. No. 96- 11447-MWV, Adv. No. 96-1093-MWV, slip. op. at 3 (Bankr. D.N.H. Aug. 22, 1997).