Robert Wolfe Assocs. P.C. v. Desmond (In re Desmond), 357 B.R. 192 (Bankr. D.N.H. 2006)(denying the Plaintiff’s motion to amend its complaint and granting the Defendants’ motion to dismiss).
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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 Haley, 345 B.R. 340 (Bankr. D.N.H. 2006) (construing BAPCPA amendments and Form B22C, and holding that a debtor under § 707(b)(2) may deduct an ownership expense for a vehicle for which the debtor does not make car payments; that 401k loan payments may not be prorated over the term of the plan because proration would be a material alteration; and that unreimbursed health care expenses and telecommunication expenses are limited to expenses for debtors and their dependents).
In re Newfound Marina, Inc., 2006 BNH 038 (determining the allowed amount of secured creditor’s claim, based largely on the reading of a forbearance agreement).
Askenaizer v. Wyatt (In re Beacon Vision Incorporated), 2006 BNH 037 (granting in part and denying in part the Plaintiff’s motion to add defendants and causes of action).
New Hampshire Supreme Court Prof’l Conduct Comm. v. Richmond (In re Richmond), 351 B.R. 6 (Bankr. D.N.H. 2006) (finding the debtor’s obligation under a disciplinary order of the N.H. Supreme Court to reimburse the N.H. Supreme Court Professional Conduct Committee non-dischargeable under 11 U.S.C. § 523(a)(7)), aff’d, 378 B.R. 22 (affirming Judge Deasy’s decision as he did not err in concluding that the costs assessed against the debtor were in the nature of a fine or penalty and were not compensation for actual pecuniary loss).
In re Robotic Vision Sys., Inc., 2006 BNH 033 (denying former officer/director/creditor’s motion to recuse pursuant to 28 U.S.C. § 455(a) because the Court found no objective basis for finding that an objective, knowledgeable member of the public would find a reasonable basis questioning the fairness or impartiality of the Court in matters involving the compensation, conduct, or actions of estate professionals).
Notinger v. Dreier LLP (In re Robotic Vision Sys., Inc.), 2006 BNH 034, and Notinger v. Marotta, Gund, Budd & Dzera, LLC (In re Robotic Vision Sys., Inc.), 2006 BNH 035 (determining a former officer/director/creditor did not establish a right to intervene, under either the mandatory intervention provisions or the permissive intervention provisions of FRCP 24, in adversary proceedings between the chapter 7 trustee and the debtor’s professionals involving the professionals’ requests for approval of final fees and expenses in the face of allegations by the former officer/director/creditor of fraud, misconduct, malpractice, and/or conflict of interest, and the chapter 7 trustee’s settlement of those adversary proceedings).
Ford v. Blaine (In re Mann), 2006 BNH 032 (finding in favor of defendants on a fraudulent transfer claim under the New Hampshire Uniform Fraudulent Transfer Act, N.H. Rev. Stat. Ann. § 545-A:5, as the chapter 7 trustee failed to demonstrate the necessary predicate under 11 U.S.C. § 544(b)(1) that a creditor existed at the time of the conveyance who held an allowed unsecured claim on the bankruptcy petition date).
Jameson v. Roy (In re Roy) and Cooper, Deans & Cargill v. Roy (In re Roy), 2006 BNH 031 (holding that (1) the divorce decree awarded Plaintiff an ownership interest rather than a sum certain, and (2) that award of attorneys' fees was not in the nature of alimony, support, or maintenance).
In re Njuguna, 357 B.R. 689 (Bankr. D.N.H. 2006) (holding that 401k contributions and 401k loan payments do not constitute disposable income post/BAPCPA).