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).
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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 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).
Balzotti v. RAD Invs., LLC (In re Shepherds Hill Dev. Co., LLC), 263 B.R. 673 (Bankr. D.N.H. 2001) (vacating the entry of default and dismissing an adversary proceeding concerning the alleged breach of a post-petition contract between non-debtor parties where the proceeds of the adversary proceeding had been assigned to the Chapter 11 trustee and were used to partially fund a confirmed Chapter 11 plan of reorganization because the Court did not have “related to” jurisdiction under 28 U.S.C. § 157), vacated, 273 B.R. 327 (D.N.H. 2002) (vacating decision to dismiss for lack of jurisdiction and holding that an assignment of a portion of the net proceeds from an adversary proceeding to the Chapter 7 trustee gave the estate a sufficient stake in the outcome to bring the claims within the bankruptcy court’s “related to” jurisdiction under 28 U.S.C. § 157(c)(1)).
MacMillan v. Toy (In re Toy), 2001 BNH 024 (denying a complaint objecting to discharge pursuant to section 523(a)(2) on the grounds that the plaintiffs had failed to meet their burden of proof with regards to fraudulent intent).
In re Kaber Imaging, Inc., 262 B.R. 187 (Bankr. D.N.H. 2001) (denying Debtor’s former chief financial officer’s motion to recover unpaid wages as an administrative expense pursuant to 11 U.S.C. § 503(b)(1)(A), finding that there was no benefit to the estate warranting the award).