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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.

Uresky v. Uresky (In re Uresky) 01/14/1999

Uresky v. Uresky (In re Uresky), 1999 BNH 003 (recharacterizing and finding certain obligations were support and property under section 523(a)(5)).

In re Hellesen 01/11/1999

In re Hellesen, 1999 BNH 002 (The Court found that the $9,898.80 plus the principal portion of the mortgage payments described in Part C of the opinion are subject to a constructive trust in favor of Family Bank on the real estate and $5,000 is subject to a constructive trust in favor of Family Bank in the Debtors’ IRA. In addition, the Court denied without prejudice Family Bank’s motion to dismiss or convert and overruled Family Bank’s objection to the Debtors’ claims of exemption with respect to both of the Debtors’ retirement accounts. As more fully outlined in the decision, the Court deferred its ruling on the Debtors’ Motion to Avoid Judicial Liens and Family Bank’s Objection to the [remaining] Debtors’ Claims of Exemption until it received Family Bank’s statement and amended motions), amended by, In re Hellesen, Case No. 97-11695 (Bankr. D.N.H. Apr. 1, 1999) (“Supplemental Order”).

Chaney v. Chaney (In re Chaney) 01/04/1999

Chaney v. Chaney (In re Chaney), 229 B.R. 266 (Bankr. D.N.H. 1999) (denying summary judgment under section 523(a)(5) and (a)(15); finding that the Rooker-Feldman doctrine, collateral estoppel and res judicata did not preclude the Court from determining the case based on a judgment from the Nineteenth Judicial District Court for the Parish of East Baton Rouge).

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The proper form for citing court opinions is contained in Local Bankruptcy Rule 1050-1 which is set forth below:

(a) Reported Opinions. Opinions that are reported in the Bankruptcy Reporter, Bankruptcy Court Decisions or other reporter shall be cited using the citation format for such reporter suggested in The Bluebook, e.g., In re Grant, 242 B.R. 800, 801 (Bankr. D.N.H. 2000).

(b) Unreported Opinions. Unreported opinions are opinions that have not been released for publication in printed reports. An opinion is issued in unreported form where, in the view of the judge issuing the opinion, the opinion does not articulate a new rule of law, modify an established rule, apply an established rule to novel facts, or otherwise serve as a significant guide to future parties and litigants. While unreported opinions may be cited by parties and litigants in unrelated cases in the form described in paragraphs (c) or (d), their precedential value may be limited.

(c) Unreported Opinions Published on the Court’s Web Site and Issued After January 1, 1999. Unreported opinions that are issued after January 1, 1999, shall be cited using the four-digit year in which the opinion was issued, the letters “BNH,” the three-digit opinion number located on the top of the opinion and, where reference is made to specific material within the opinion, the page number, e.g., In re Hellesen, 1999 BNH 002, 3.

(d) Unreported Opinions Not Published on the Court’s Web Site. Unreported opinions that are not published on the Court’s web site shall be cited using the citation form for unreported decisions suggested in The Bluebook, e.g., Galloway v. True (In re True), Bk. No. 96- 11447-MWV, Adv. No. 96-1093-MWV, slip. op. at 3 (Bankr. D.N.H. Aug. 22, 1997).