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).
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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 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).
In re Metrobility Optical Systems, Inc., 279 B.R. 35 (Bankr. D.N.H. 2002) (denying Deutsche Financial Services' motion to compel lease payments from the Debtor because the agreement between the parties created a security interest under N.H. RSA § 382-A:2A-103(l)(j) and 382-A:1-201(37), making lease payments pursuant to 11 U.S.C. § 365 unavailable to Deutsche).
Northeast Credit Union v. Butterworth (In re Butterworth), 279 B.R. 31 (Bankr. D.N.H. 2002) (finding that Plaintiff did not meet its burden under U.S.C. § 523(a)(2)(B) because neither the credit card application nor the credit line increase form in this case were writings "respecting a debtor's...financial condition," adopting the reasoning of Judge Yacos in Bal-Ross Grovers, Inc. v. Sansoucy (In re Sansoucy), 136 B.R. 20, 23 (Bankr. D.N.H. 1992), and there was insufficient evidence of Debtor's intent to deceive).
Marshall v. Palmer Wilson (In re Palmer Wilson), 2002 BNH 019 (denying the UST's and the Chapter 7 trustee's complaint seeking to revoke the debtor's discharge under 11 U.S.C. § 727(d)(1) because the plaintiffs failed to demonstrate by a preponderance of the evidnece that the debtor possessed the requisite fraudulent intent in omitting and/or inaccurately scheduling and valuing assets).
Premier Capital, Inc. v. Clark (In re Clark), 2002 BNH 017 (denying the creditor's claims under 11 U.S.C. § 727(a)(2) because the creditor failed to prove that the debtor possessed the requisite fraudulent intent but granting the creditor relief and denying the debtor a discharge under 11 U.S.C. § 727(a)(4)(A) because the creditor proved that the debtor knowingly and fraudulently made a false oath on Schedule G by failing to list a lease agreement drafted and executed by the debtor as lessor).
In re Donovan, 2002 BNH 016 (denying a debtor's motion to amend schedules to claim an exemption pursuant to Federal Rule of Bankruptcy Procedure 1009(a) on grounds of bad faith and prejudice and denying approval of a proposed settlement on grounds that the settlement called for a distribution of proceeds contrary to the provisions of 11 U.S.C. § 726).