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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.

Notinger v. Liimatainen (In re Liimatainen), 2002 BNH 032 (denying the trustee's amended complaint because the trustee failed to establish by a preponderance of the evidence that the debtors' discharge should be denied under 11 U.S.C. § 727(a)(2), (a)(3), (a)(4)(A), (a)(4)(D), or (a)(5) where many of the allegations related to separate corporate entities whose assets and liabilties were not property of the estate and did not pertain to the debtors' individual financial affairs).

Clarkeies Market, L.L.C. v. Kelley's Food Town, Inc. (In re Clarkeies Market, L.L.C.), 2002 BNH 031 (finding that the creditor's collateral should be valued at going concern for purposes of determining the creditor's secured claim under 11 U.S.C. § 506(a) where the collateral had been turned over to creditors and used by them in the continued operation of the debtor's former grocery stores).

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).

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).

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