Stephenson v. Schreiber (In re Emerson), 2001 BNH 036 (granting summary judgment in favor of the Chapter 7 trustee without deciding if the good faith transferee defense under RSA 545-A:8(IV) may be raised by an insider against a Chapter 7 trustee’s fraudulent transfer claim under RSA 545-A:5(II) because it is not a defense to a preferential transfer claim under 11 U.S.C. § 547(b), pursuant to which the Chapter 7 trustee had already received a judgment avoiding the transfer of the debtors’ airplane).
You are here
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 Croteau, 2001 BNH 035 (holding that post-petition appreciation in the value of property accrues for the benefit of the trustee and the bankruptcy estate in accordance with 11 U.S.C. § 541(a)(6) and not for benefit of the debtor).
United Companies Lending Corp. v. Skwozinski (In re Skwozinski), 2001 BNH 034 (holding that the Debtor and Co-Debtors had properly rescinded on a residential mortgage under the Truth and Lending Act, 15 U.S.C. § 1635, and had properly rescinded on a commercial property under the doctrine of collateral estoppel).
In re Schultz, 2001 BNH 033 (holding that the mortgagee’s secured claim is protected by 11 U.S.C. § 1322(b)(2) and cannot be modified as proposed in the debtors’ Chapter 13 plan where the debtors were living on the mortgaged real estate in a mobile home but were not living in the manufactured home, whose purchase the mortgagee financed, at the time the debtors filed their bankruptcy petition).
In re Schalebaum, 263 B.R. 684 (Bankr. D.N.H. 2001) (holding that state court’s order directing that sales proceeds be deposited with court in order to secure possible judgment in favor of the Town of Wolfeboro in a prepetition action against the Debtor created a judicial lien in favor of the town as defined by 11 U.S.C. § 101(36); rejecting Trustee’s argument that the state court action was merely a bill of interpleader).
Smith v. Looney (In re DeCarolis), 2001 BNH 031 (finding that, under Fed. R. Bankr. P. 7019, non-debtor beneficiaries of real estate trust are proper party-defendants in Trustee’s action to determine estate’s interest in trust property).
McClain v. American Student Assistance (In re McClain), 264 B.R. 230 (Bankr. D.N.H. 2001) (granting creditors’ motion for judgment on the pleadings pursuant to Fed. R. Civ. P. 12(c) on claims challenging constitutionality of 11 U.S.C. § 523(a)(8)).
In re Ferman, 2001 BNH 028 (determining value of debtor’s seasonal lake front real estate pursuant to 11 U.S.C. § 506(a) in the context of cramming down a secured creditor’s claim in Chapter 13 under 11 U.S.C. §§ 1322(b)(2) and 1325(a)(5)).
Balzotti v. RAD Invs., LLC (In re Shepherds Hill Dev. Co., LLC), 263 B.R. 673 (denying the Plaintiffs’ motion to reconsider under Federal Rule of Civil Procedure 59(e), on the grounds that the Debtor was not a third-party beneficiary to a contract between non-debtor parties and finding that even if the Debtor was a third-party beneficiary to the contract, the Court would still not have jurisdiction over the matter).
In re Brewer, 2001 BNH 027 [Also: In re Chamberlain; In re Gaudette — cases consolidated for the purpose of hearing on this issue only.] (finding petition preparer’s request for compensation excessive and requiring excess fees collected disgorged to Chapter 7 Trustee).