In re Chase, 2003 BNH 026 (granting in part an objection to postpetition attorneys’ fees for a residential mortgage lender and discussing the evidentiary standards applicable to the determination of attorneys’ fees allowable to an over secured creditor under section 506(b)).
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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.
Hanley v. Notinger (In re Charlie’s Quality Carpentry), 2003 BNH 025 (denying summary judgment for the Trustee because under applicable state law, if an express or constructive trust was created, the trust was properly funded and under applicable federal law in Connecticut Gen. Life Ins. Co. v. Universal Ins. Co., 838 F.2d 612 (1st Cir. 1988), the plaintiff was entitled to present evidence to support the tracing of funds deposited in a commingled account; granting summary judgement for the Trustee on a preferential prepetition attachment and an action to compel the Trustee to recover preferential transfers for the sole benefit of the Creditor).
Amsol, Inc. v. Jaworski (In re Jaworski), 2003 BNH 024 (denying summary judgment on the creditor’s claims under 11 U.S.C. § 523(a)(2), (a)(4), and (a)(6) because genuine issues regarding the debtor’s fraudulent intent existed and the creditor had not persuaded the court that it was in a fiduciary relationship with the debtor; granting summary judgment to the creditor on the debtor’s counterclaims seeking rescission of a settlement agreement and damages for fraud and fraud on the court).
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).
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).