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).
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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 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).
In re Marsico, 278 B.R. 1 (Bankr. D.N.H. 2002) (determining the meaning of the term "residence" for purposes of claiming an exemption under 11 U.S.C. § 522(d)(1)).
In re RDX AcquisitionsCorp. d/b/a RMTI, 2002 BNH 014 (determing what documents the debtor and a third party must execute in order to effectuate a settlement embodied in the debtor's Chapter 11 plan of reorganization).
Askenaizer v. Cutter (In re Big World Prods., Inc.), 2002 BNH 013 (denying the Chapter 7 trustee's complaint under 11 U.S.C. § 549 in which he sought to avoid an alleged pospetition transfer of estate property because the debtor had assigned its rights in the property prepetition and therefore it was not property of the estate within the meaning of 11 U.S.C. § 541).
In re Vaughn, 276 B.R. 323 (Bankr. D.N.H. 2002) (granting Trustee's motion and dismissing Debtor's Chapter 13 case because Debtor's unsecured debts exceed the statutory limit set forth in 11 U.S.C. § 109(e)).
Smith v. Hall, Morse, Anderson, Miller & Spinella (In re Ottoman's, Inc.), 2002 BNH 011 (holding that, for purposes of 11 U.S.C. § 549, a check delivered pre-petition, but honored post-petition, is governed by the date of honor rule, rendering the check payment avoidable as a post-petition transfer of estate assets) (recon. denied 4/29/02).
John Hancock Fin. Servs., Inc. v. Sloane (In re Sloane), 2002 BNH 010 (granting defendant's motion to dismiss under FRCP 12(b)(6) with respect to plaintiff's attempt to pierce the veil of the defendant's corporation, granting defendant's motion to dismiss with respect to plaintiff's claim for conversion under 11 U.S.C. § 523(a)(6), and denying the defendant's motion to dismiss with respect to plaintiff's claim for misrepresentation under 11 U.S.C. 523(a)(2)(A)).
JAAJ Realty v. Gaudette (In re Gaudette), 2002 BNH 009 (finding that Plaintiff had not met its burden of proof with respect to complaint seeking the denial of the Debtor's discharge pursuant to 11 U.S.C. § 727(a)(2)(A) & (B), (3), (4)(A) & (B) and (5)).
In re Gaudette, 2002 BNH 008 (holding that Movant lacks standing to pursue a claim of exemption on behalf of the Debtor pursuant to 11 U.S.C. § 522(I) and sustaining Trustee's objection to Debtor's claimed exemption because the OFS Pension Plan and Trust is not exempt under N.H. RSA § 512:21(V)).