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)).
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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 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).
In re Aurora Graphics, Inc., 255 B.R. 612 (Bankr. D.N.H. 2000) (rejecting creditor’s claim for priority status pursuant to 11 U.S.C. § 507(a)(3), finding that creditor’s “co-employer” relationship with the Debtor precluded it from taking assignment of employee wage claims).
In re Camann, 2000 BNH 043 (approving adequacy of competing disclosure statements filed by debtor and his former spouse pursuant to 11 U.S.C. § 1125(a)(1)).
Schreiber v. Montalto (In re Kingsley), 2000 BNH 042 (granting summary judgment to Defendant on Count III of Chapter 7 Trustee’s complaint seeking authority to sell the estate’s interest and that of co-owners of a California corporation pursuant to 11 U.S.C. § 363(h), rejecting the Trustee’s argument that disregarding the corporate entity would allow for the application of § 363(h)).
In re Kafanelis, 2000 BNH 041 (denying creditor’s objection to Chapter 13 plan, finding that fact that debt may be excepted from discharge in Chapter 7 is not sufficient for finding of bad faith).
Schreiber v. Ryan (In re Kendall Real Estate, Inc.), 2000 BNH 040 (requiring turnover of a broker’s commission on the sale of real estate, net of costs of collection, on the grounds that the contract for sale of the listing real estate agency was not ambiguous and that the right to a commission collected by a defendant had been sold to the debtor and was, therefore, property of the estate; also denying the trustee’s claim to the portion of the commission collected by a co-broker on the grounds that the co-broker’s commission was never property of the estate; also denying the trustee’s claim to a commission from the sellers of the real estate on equitable grounds).
In re Gamache, 2000 BNH 039 (denying second mortgagee’s motion for relief from the automatic stay under 11 U.S.C. § 362(d)(1) and ordering adequate protection in the form of payments to the first mortgagee and adequate protection payments to the second mortgagee).