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).
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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.
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).
In re CGE Shattuck, LLC, 254 B.R. 5 (Bankr. D.N.H. 2000) (denying approval of a creditor’s disclosure statement of a “commitment” that encouraged creditors to vote against the Debtor’s joint plan and proposed to pay a 50% dividend if the Debtor’s joint plan was defeated and the case was converted from Chapter 11 to Chapter 7 or the creditor’s motion for relief was granted by a date certain, on the grounds that the “commitment” was really a de facto plan of reorganization that did not comply with the provisions of Chapter 11 and was not a “sharing of collateral proceeds” within the holding of In re SPM Mfg.Corp., 984 F.2d 1305 (1st Cir. 1993)).
In re Colby , 2000 BNH 033 (denying creditor’s request for attorney’s fees and costs associated with motion for relief from the automatic stay, finding 11 U.S.C. § 506(b) inapplicable to post-confirmation attorney’s fees and finding that applicable provision in promissory note violated NH RSA 361-C).
Manakos v. BCC Investors, L.L.C. (In re Manakos), 2000 BNH 032 (determining the amount of creditor’s secured claim under 11 U.S.C. § 506(a) and finding the value of the property to be the midpoint between the adjusted fair values determined by opposing appraisers).