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).
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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 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).
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).
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).