Citizens Bank of Massachusetts, Inc. v. Askenaizer (In re ZLGH Dev., Inc.), 2000 BNH 054 (denying defendant-creditor’s motion for partial summary judgment with respect to mechanic’s lien issues under RSA 447 as there were genuine issues of material fact regarding the description on the writ of attachment and whether work was performed within 120 days).
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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 Camann, 2000 BNH 053 (denying former spouse’s motion to appoint a commissioner to sell non-real estate assets of the debtor’s corporation purportedly in accordance with the parties’ final divorce decree).
Marshall v. Kalantzis (In re Kalantzis), 2000 BNH 052 (denying a motion by the United States Trustee, as a substituted plaintiff, seeking the right to reopen discovery and the evidentiary record after the original plaintiff had rested and the defendant had moved for a directed verdict on the grounds that it would be unjust and would cause undue delay).
In re Sprague Floor Coverings, Inc., 2000 BNH 051 (denying Chapter 7 debtor’s counsel application for compensation and reimbursement of expenses to the extent that counsel sought payment from the bankruptcy estate).
In re CGE Shattuck, LLC, 2000 BNH 050 (deeming a claim timely filed under the excusable neglect standard of Federal Rule of Bankruptcy Procedure 9006(b)(1) and Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. Partnership, 507 U.S. 380, 395 (1993) when the late filing was due to a failure to notify the creditor of the Chapter 11 bankruptcy filing; allowing a creditor’s vote to be counted under the same excusable neglect standard when the reason for the late casting of the ballot was the Debtor’s failure to properly address the package containing the plan of reorganization and the ballot; denying the proponents of the plan of reorganization the right to file a late proof of claim on behalf of a creditor when the failure to file a timely proof of claim did not meet the excusable neglect standard; denying the right of a creditor who had no claim the right to vote on a plan).
Flanagan v. Flanagan (In re Flanagan), 2000 BNH 049 (excepting from discharge pursuant to 11 U.S.C. § 523(a)(5) the debtor’s obligations to pay child support and uninsured medical expenses and excepting from discharge pursuant to 11 U.S.C. § 523(a)(4) the debtor’s obligation to pay his former spouse one-half of a worker’s compensation award paid to him during the course of the parties’ divorce).
In re CGE Shattuck, LLC, 2000 BNH 048 (temporarily allowing a claim of a creditor for voting purposes under Federal Rule of Bankruptcy Procedure 3018(a)).
In re CGE Shattuck, LLC, 2000 BNH 047 (allowing a creditor to change its vote against a Chapter 11 plan of reorganization under Federal Rule of Bankruptcy Procedure 3019 and 11 U.S.C. § 1127(d) when the reason for the change of vote was a modification of the plan and denying the request of another creditor to change its vote under Federal Rule of Bankruptcy Procedure 3018(a) when the only “cause” for changing the vote was a change in ownership of the claim).
In re Heck, 2000 BNH 046 (determining that (1) the petition preparer failed to disclose his compensation within ten days of the debtor’s filing as required by 11 U.S.C. § 110(h)(1); (2) the petition preparer’s fee of $295 exceeded the value of his services in preparing a skeleton Chapter 13 petition; (3) 11 U.S.C. § 110(h) lacks a provision granting the Court authority to impose a fine for failure to timely disclose fees; and (4) the only method for pursuing sanctions would be for the Court to certify a violation of 11 U.S.C. § 110 to the district court pursuant to 11 U.S.C. § 110(i)).
In re Moran, 256 B.R. 842 (Bankr. D.N.H. 2000) (Vaughn, C.J. and Deasy, J.) (determining under 11 U.S.C. § 110(h) that (1) the presumptive value of petition preparer services is $30 per hour; (2) petition preparers can prepare a petition in a routine individual or joint consumer case in five hours or less; and (3) petition preparers need to file an application seeking approval of fees with the Court when their fees exceed $150).