Notinger v. Auto Shine Car Wash Systems, Inc. (In re Campano), 2002 BNH 030 (overruling the trustee's objection to the creditor's claim under 11 U.S.C. § 502 and FRBP 3001(f) because the trustee failed (1) to demonstrate that the debtor was fraudulently induced to sign a note, mortgage, and settlement agreement regarding the debtor's purchase of the creditor's business, or (2) to establish that the creditor's actions in retaining some of the debtor's business assets constituted strict foreclosure within the meaning of N.H. RSA 382-A:9-505 and cases interpreting that statute).
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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 Carol Center, 282 B.R. 561 (Bankr. D.N.H. 2002) (holding that section 506(b) of the Bankruptcy Code preempts state law with respect to the allowance of attorneys' fees as part of an oversecured creditors claim and finding that the prepetition attorneys' fees and postpetition attorneys' fees sought by the creditor in its proof of claim were reasonable).
MacPhee v. Sullivan (In re Sullivan), 282 B.R. 120 (Bankr. D.N.H. 2002) (denying the Plaintiff's nondischargeabilitiy complaint because she did not meet her burden of proof under 11 U.S.C. § 523(a)(2)(A)).
Good Stuff Entm't Corp. v. Commerce Bank & Trust Co. (In re Good Stuff Entm't Corp.), 2002 BNH 027 (denying the debtor's request for a preliminary injunction because the debtor failed to demonstrate a likelihood of success on the merits of its claim against its lender).
VanderMast v. The Educational Resources Institute (In re VanderMast), 2002 BNH 026 (applying the three prong Brunner test and denying the debtor's complaint to discharge her student loan obligations under 11 U.S.C. § 523(a)(8) on the ground that the debtor had failed to show that her current health problems were likely to continue for a significant portion of the repayment period).
In re Blais, 2002 BNH 023 (applying 11 U.S.C. § 1329 and Barbosa v. Soloman, 235 F.3d 31 (1st Cir. 2001) in granting the Chapter 13 trustee's motion to amend the debtor's plan and requiring the debtor to turn over to the trustee non-exempt proceeds from the sale of the debtor's residence for distribution to creditors when the debtor's residence had substantially increased in value post-confirmation and such residence was sold prior to completion of the debtor's plan).
In re LaFlamme, 2002 BNH 025 (finding that (1) a reasonable fee for petition preparer Michael M. Mills is $150 as outlined in In re Moran, 256 B.R. 842 (Bankr. D.N.H. 2000); (2) Mr. Mills shall disgorge the balance of $175 to the Chapter 7 Trustee; (3) Mr. Mills is prohibited from acting as a petition preparer in the District of New Hampshire pending a further order of this Court as a result of the disclosure that he has not disgorged prior fees as ordered by the Court in In re Brewer, et al., 2001 BNH 027, and (4) the clerk's office shall not accept any petition in which Mr. Mills appears as a petition preparer).
In re Bacon, 2002 BNH 024 (finding that (1) a reasonable fee for petition preparer Michael M. Mills is $150 as outlined in In re Moran, 256 B.R. 842 (Bankr. D.N.H. 2000); (2) Mr. Mills shall disgorge the balance of $175 to the Chapter 7 Trustee; (3) Mr. Mills is prohibited from acting as a petition preparer in the District of New Hampshire pending a further order of this Court as a result of the disclosure that he has not disgorged prior fees as ordered by the Court in In re Brewer, et al., 2001 BNH 027, and (4) the clerk's office shall not accept any petition in which Mr. Mills appears as a petition preparer).
Roberts v. Florida Dep't of Educ. (In re Roberts), 2002 BNH 022 (granting Florida Department of Education's motion to dismiss the Debtor's 11 U.S.C. § 523(a)(8) complaint on sovereign immunity grounds pursuant to the holding in Seminole Tribe of Fla. v. Florida, 517 U.S. 44 (1996)).
Official Comm. of Unsecured Creditors v. Bank of New Hampshire, N.A. (In re Metrobility Optical Systems, Inc.), 279 B.R. 37 (Bankr. D.N.H. 2002) (denying the Bank of New Hampshire's motion to dismiss Count I of the Creditors' Committee complaint with prejudice, Counts II-IV without prejudice, and the Bank's alternative request to stay Counts II-IV because the Committee has alleged facts sufficient to establish the claims set forth in its complaint, and a stay would be inappropriate at this state of the case).