In re Grasso, 2006 BNH 019 (denying Trustee's motion to dismiss for failure to timely provide the Trustee with copies of tax returns as required by § 521(e)(2)(A) based upon the facts of the case and § 521(e)(2)(B) and holding that Trustee has discretion to waive an untimely filing under § 521(e)(2)(A) by not filing a 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.
Ford v. Blaine (In re Mann), 2006 BNH 018 (denying the Trustee's action to set aside a consideration-free conveyance of property from the debtor to her parents under the New Hampshire Uniform Fraudulent Transfer Act, N.H. Rev. Stat. Ann. § 545-A:4(I)(b)(2) (“UFTA”), for failure to establish the transfer was constructively fraudulent under UFTA), appeal dismissed, Civil No. 06-cv-223-JD (D.N.H. Aug. 23, 2006).
In re Kibbe, 2006 BNH 017 (holding that in a below median Chapter 13 case governed by BAPCPA, “projected disposable income,” as used in section 1325(b)(1)(B), is based on a debtor’s current income and expenses as reflected on Schedules I and J).
In re Raymond, 2006 BNH 016 (finding the filer was ineligible to be a debtor in a bankruptcy proceeding pursuant to 11 U.S.C. § 109(h)(1) and failed to establish exigent circumstances under 11 U.S.C. § 109(h)(3)).
In re Newfound Lake Marina, Inc., 2006 BNH 015 (lender's summary judgment motion denied because the Court's determination of the amount of lender's allowed claim is more than a matter of contract interpretation, as outstanding factual issues exist).
In re Whispering Pines Estate, Inc. 341 B.R. 134 (Bankr. D.N.H. 2006) (debtor’s eighty/nine room hotel is not “single asset real estate” as defined in 11 U.S.C. § 101(51B)).
Askenaizer v. Wyatt (In re BeaconVision Incorporated), 340 B.R. 674 (Bankr. D.N.H. 2006)(denying summary judgment motions of both parties, holding (1) that transfer is avoidable under section 548 because funds acquired by debtor through stock sale for the purpose of securing a loan constituted an “interest of the debtor in property;” (2) more details of the transfer are necessary before determining which party to the transfer was the “initial transferee” for purposes of section 550; and (3) more details of the transfer are necessary before determining whether the defendant is liable for conversion under New Hampshire state law).
In re Merrill, 340 B.R. 671 (Bankr. D.N.H. 2006) (denying motion to dismiss bankruptcy case pursuant to 11 U.S.C. § 521(e), as amended by BAPCPA, holding that debtor's failure to provide tax return within seven days of the meeting of the creditors was beyond the debtor's control; that the proper year's tax return to be provided is the return that satisfies both criteria of section 521(e)(2)(A)(i); and that when an administrative order conflicts with a Code section, the Code section prevails).
River Valley Country Day School v. Evarts (In re Evarts), 2006 BNH 011 (remanding pursuant to 28 U.S.C. § 1452(b) a removed state court action asserting state law claims against the debtors for conversion, breach of fiduciary duty, unfair or deceptive practices under NH RSA 358-A, and willful and wanton conduct).
River Valley One Limited Partnership v. City of Lebanon (In re River Valley), 2006 BNH 010 (determining the market value of Debtor's real property for purposes of determining assessed value for taxation under New Hampshire law pursuant to 11 U.S.C. § 505).