Dahar v. Jackson (In re Jackson), 2003 BNH 023 (holding that the Trustee may sell both the estate’s interest and the interest of the co-owner under 11 U.S.C. § 363(h) because (1) the partition of the property was impracticable, (2) sale of the estate’s undivided interest would realize significantly less than a sale free and clear of the co-owner’s interest, (3) the benefit to the estate outweighs the detriment to the co-owner).
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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.
Clarkeies Market, L.L.C. v. Associated Grocers of New England, Inc. (In re Clarkeies Market, L.L.C.), 2003 BNH 022 (determining that the method for valuing the stock, which was issued by its cooperative and pledged by the debtor as collateral for the debtor’s obligations to the cooperative, should be calculated as of the date of the debtor’s default under the loan documents and in accordance with the terms of the cooperative member agreements).
Cioffredi & Assocs. Physical Therapy, LLC v. River Valley Fitness One, LP (In re River Valley Fitness One, LP), 297 B.R. 354 (Bankr. D.N.H. 2003) (determining the proper procedure for requesting a temporary restraining order and/or preliminary injunction, after filing a complaint pursuant to Bankruptcy Rule 7001(7), is by motion pursuant to Federal Rules of Civil Procedure 65).
Sumski v. Daggett (In re Hoxie), 2003 BNH 020 (entering judgment in favor of former spouse on a preference complaint under 11 U.S.C. § 547 because she was not an insider at the time of the transfer; granting relief from the automatic stay under 11 U.S.C. § 362 so the parties can return to state court for determinations regarding the division of marital property and any claim for damages as well as the liquidation of the former spouse’s claims regarding mortgage payments and attorney’s fees; and deferring final determination regarding turnover, setoff, and the amount of the former spouse’s claim until the state court proceedings are concluded).
In re Pasteurized Eggs Corp., 2003 BNH 019 (resolving on a summary basis trademark and patent issues that arose in the context of an objection to the debtor’s motion to sell substantially all of its assets free and clear of any interest under 11 U.S.C. § 363(f) and to assume and assign certain executory contracts).
Michels v. Sheridan, 2003 BNH 018 (overruling defendant’s objections and finding requested attorney’s fees and expenses reasonable under the lodestar standard).
Turner v. New Hampshire Higher Educ. Assistance Found. (In re Turner), 2003 BNH 017 (applying three prong Brunner test and finding that repayment of the Debtor’s consolidated student loan, held by New Hampshire Higher Education Assistance Foundation, would be an undue hardship and therefore is discharged).
Voisine v. Sperry Concrete, Inc. (In re Voisine), 2003 BNH 015 (applying Cohen v. De La Cruz, 523 U.S. 213 (1998) in finding that the Creditor may seek any debt arising from the nondischargeable claim including but not limited to attorney fees, interest and/or costs recoverable on that debt under applicable state law).
In re Spike Broadband Sys., Inc., 2003 BNH 016 (applying Virginia law and holding that a former officer’s claim for damages based upon the Debtor’s alleged breach of an employment agreement was barred by res judicata because it was not divisible from claims previously adjudicated by the state court under the same contract).
Hamilton v. Hemar (In re Hamilton), 2003 BNH 014 (applying the three-part test of In re Brunner and denying the Debtor’s complaint to discharge her educational loans with The Educational Resource, Inc. pursuant to 11 U.S.C. § 523(a)(8) because the Debtor did not demonstrate that her current inability to repay will continue for a significant portion of the repayment period).