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).
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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 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).
Schreiber v. Emerson (In re Emerson), 2000 BNH 037 (granting the debtors’ motion to dismiss and a co-defendant’s motion for summary judgment because the trustee failed to set forth any valid basis under 11 U.S.C. §§ 105, 549, or 550 under which he could recover money from the defendants on account of damage that occurred postpetition to two of the debtors’ airplanes, one of which had been preferentially and fraudulently transferred to the co-defendant prepetition).
Ford v. DeFoggi (In re Bolivar Group, Inc.), 2000 BNH 038 (granting the trustee’s motion for partial summary judgment on his claim under 11 U.S.C. § 547(b) as the defendant’s answer contained sufficient admissions to satisfy the elements of a preferential transfer).
Bilodeau v. Bilodeau (In re Bilodeau), 2000 BNH 035 (denying both a motion for summary judgment and a cross-motion for summary judgment involving 11 U.S.C. § 523(a)(5) on the grounds that issues arising under 11 U.S.C. § 523(a)(5) are factual matters that can not be decided on summary judgment).
In re Mans, 2000 BNH 036 (finding the debtor ineligible to be a debtor under Chapter 13 because his unsecured debt, including the unsecured portion of an undersecured creditor’s claim, exceeded the unsecured debt limit of $269,250 contained in 11 U.S.C. § 109(e)), appeal dismissed, Civil Action No. 01-3-B (D.N.H. Jan. 22, 2001).