Premier Capital v. Diamond (In re Diamond), 2003 BNH 008 (denying the Plaintiff’s six count complaint seeking to deny the Debtor’s discharge pursuant to 11 U.S.C. § 727(a)(2)(A) and (4), holding that the requisite intent to hinder, delay or defraud a creditor could not be inferred from the facts and circumstances of the case and that the omissions and discrepancies in the bankruptcy schedules were not knowingly and fraudulently made false oaths).
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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.
Boots v. New Hampshire Higher Educ. Assistance Found. (In re Boots), 2003 BNH 007 (applying the three prong Brunner test and finding the repayment of the Debtor’s student loan debt, held by New Hampshire Higher Education Assistance Foundation and Sallie Mae Servicing Center, would be an undue hardship and is discharged pursuant to 11 U.S.C. § 523(a)(8)).
Sangi v. San Giovanni (In re San Giovanni), 289 B.R. 516 (Bankr. D.N.H. 2003) (finding Debtor’s obligations to his ex-spouse to be in the nature of alimony, maintenance, or support and therefore excepted from discharge pursuant to 11 U.S.C. § 523(a)(5)).
Atlantic Orient Corp. v. AOC Energy, L.L.C. (In re Atlantic Orient Corp.), 290 B.R. 456 (Bankr. D.N.H. 2003) (granting a permanent injunction based upon a stipulated record and finding that (1) the parties understood and formed an enforceable agreement at an auction sale which changed the general rule under UCC § 2-328(2) regarding the timing of the transfer of title; and (2) tender of the purchase price was defective and therefore title to the Debtor’s assets were not transferred at the “fall of the hammer” and, therefore, the assets were property of the estate on the petition date).
Bezanson v. Thomas (In re R & R Assocs. of Hampton), 2003 BNH 003 (directing defendants Attorney Thomas J. Thomas, Jr., individually, and Thomas & Utel, and its successors to disgorge $19,108.30 and denying all other counts of the Trustee’s complaints) [Note- duplicate opinions issued in: Bezanson v. Thomas, et al. Adv. No 98-1090-MWV, Adv. No 98-1136-MWV, & Adv. No 98-1174-MWV].
In re River Valley Fitness One, LP, 2003 BNH 004 (applying Winthrop Old Farm Nurseries, Inc. v. New Bedford Inst. for Sav. (In re Winthrop Old Farm Nurseries, Inc.), 50 F.3d 72 (1st Cir. 1995), in determining the value of a secured creditor’s real property collateral at $2,218,878, for purposes of confirmation, through an income capitalization approach after consideration of conflicting expert appraisal evidence).
In re Clarkeies Market, L.L.C., 2003 BNH 002 (finding that (1) an allonge that consolidated a revolving loan with three separate promissory notes, but did not amend the security agreements, did not effect a cross collateralization of all of the obligations; and (2) a creditor who retained collateral without conducting a public or private sale would not be entitled to a deficiency judgment under the UCC and therefore, pursuant to 11 U.S.C. § 502(b)(1), is not entitled to an unsecured deficiency claim).
Schlosser v. Garofalo (In re Garofalo), 2003 BNH 001 (denying the Plaintiffs' nondischargeability complaints because they did not meet their burden of proof under 11 U.S.C. § 523(a)(2)(A); additionally, the traditional factors relating to piercing the corporate veil were not present) [Note- duplicate opinions issued in: Rutter v. Garofalo, Adv. No. 01-1106-MWV; Evans v. Garofalo, Adv. No. 01-1108-MWV; Weithman v. Garofalo, Adv. No. 01-1109-MWV; Kuck v. Garofalo, Adv. No. 01-1112-MWV; & Weithman v. Garofalo, Adv. No. 01-1113-MWV].
Peno v. Peno (In re Peno), 2002 BNH 039 (denying Movant's motion for relief from the automatic stay pursuant to 11 U.S.C. § 362, finding that, although there is a payment default, the property is being properly maintained pursuant to joint tenancy agreement, the first mortgage is substantially current, ad adequate protection is unnecessary at the present time; additionally, even though the Debtor does not have equity in the property, the property is necessary for a Chapter 13 reorganization).
In re LCC Financial Corp., 2002 BNH 038 (denying Debtor's motion to sell a portion of its active loan portfolio and to use a portion of the proceeds as cash collateral, finding that the Debtor had not met its burden under 11 U.S.C. § 363(f); further, adopting the reasoning of In re Perroncello, 170 B.R. 189 (Bankr. D. Mass. 1994) and holding that, in order to satisfy the requirements of section 363(f)(3), the sale price must exceed the face value of all liens).