In re Camann, 2001 BNH 008 (dismissing sua sponte the debtor’s Chapter 11 case for cause under 11 U.S.C. § 1112(b) because there was no bankruptcy purpose being served by the case which involved a dispute between a solvent debtor and his former spouse regarding the disposition of marital assets under a five year old final state court divorce decree), amended by In re Camann, 2001 BNH 011 (clarifying the Court’s rationale for dismissing under 11 U.S.C. § 1112(b)(3)).
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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.
Citizens Bank of Massachusetts, Inc. v. Askenaizer (In re ZLGH Dev., Inc.), 2001 BNH 007 (finding that a general contractor holds a valid perfected mechanic’s lien attachment under NH RSA 447:10 to the extent that the general contractor has a valid mechanic’s lien even though the property description was not contained on the face of the writ but rather in an exhibit to the motion for ex parte attachment which was recorded with the writ at the registry of deeds).
Weeden v. Weeden (In re Weeden), 2001 BNH 006 (denying ex-spouse’s claim that Debtor’s obligation arising from divorce to pay one-half of home equity loan should be excepted from discharge pursuant to section 523(a)(5); also, denying Debtor’s request for attorney’s fees).
In re Bursey, 2001 BNH 005 (valuing claim of creditor following Court’s disposition of Debtor’s objection to proof of claim in In re Bursey, 2001 BNH 001).
Fanning v. Fanning (In re Fanning), 2001 BNH 004 (excepting from discharge pursuant to 11 U.S.C. § 523(a)(5) the debtor’s obligation to maintain life insurance for his former spouse’s benefit while alimony and property division awards remained unpaid and declining to except from discharge pursuant to 11 U.S.C. § 523(a)(5) the debtor’s obligation to pay his former spouse her interest in the debtor’s business as the obligation was not in the nature of alimony, maintenance, or support but rather was a property settlement dischargeable in Chapter 13).
Steele v. Ocwen Fed. Bank (In re Steele), 258 B.R. 319 (Bankr. D.N.H. 2001) (granting creditor’s motion to dismiss claims for violation of federal and state fair debt collection statutes brought after the Debtor received his Chapter 13 discharge and his case was closed; claims were not core proceedings and did not fall within the Court’s related to jurisdiction).
In re Amirault, 2001 BNH 002 (awarding attorney’s fees and expenses to Trustee’s counsel and sanctioning Debtor for her repeated failure to comply with the Trustee’s production requests and orders of the Court; also granting the Debtor’s motion to dismiss her Chapter 7 case while retaining jurisdiction to enforce sanctions).
In re Bursey, 2001 BNH 001 (permitting extrinsic evidence to interpret terms of ambiguous settlement agreement entered into between Debtor and creditor, and granting Debtor’s objection to claim after finding that default provisions were inconsistent with clearly intended forebearance scheme).
In re Brailsford, 2000 BNH 056 (denying the Secretary of Veterans Affairs request for attorney’s fees and expenses related to a motion for relief on the grounds that they were not reasonable under the circumstances).
In re Amirault, 2000 BNH 055 (denying Trustee’s motion to compromise estate’s claims against estranged husband under prenuptial agreement, finding that it was not in the best interest of the estate).