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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 Turner, 2013 BNH 017 (finding that a proposed interest rate of 5%, representing an upward adjustment of 1.75% over the prime interest rate, was sufficient to satisfy the cramdown requirements of section 1129(b), using the formula approach articulated in Till v. SCS Credit Corp, 541 U.S. 465 (2004), because there was a substantial equity cushion and because the creditor had not met its burden to demonstrate the appropriateness of a greater upward adjustment).

Smith v. The Quizno’s Master LLC, (In re Bouley), 503 B.R. 524 (Bankr. D.N.H. 2013) (denying defendant’s motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) and transferring adversary proceeding to the District of Colorado as required by the forum selection clause governing disputes between the debtors' bankruptcy estate and former franchisor).

In re PM Cross, 2013 BNH 014 (denying as untimely motion under Bankruptcy Rule 2018(a) of pre-bankruptcy foreclosure sale bidder to intervene in chapter 11 case and assert a request that the Court alter or amend its earlier decision not to retroactively lift the automatic stay of § 362(a)).

In re Perry, 2013 BNH 013 (overruling debtor’s objection to claim and holding that debtor had failed to provide substantial evidence under Massachusetts law that he did not owe arrearages asserted in a domestic support obligation claim filed by the Massachusetts Department of Revenue).

In re James, 2013 BNH 011 (dismissing chapter 13 case as filed in bad faith pursuant to section 1307(c) because there was no substantive change in the debtor's circumstances and because the debtor had, by his continued manipulation of the bankruptcy system, significantly delayed creditor's recovery).

In re Shea, 2013 BNH 009 (sanctioning the plaintiff’s failure to appear at a pretrial conference, under Bankruptcy Rule 7016(f), and also the plaintiff’s failure to withdraw her complaint after learning that the legal claims were not supported by evidence, under Bankruptcy Rule 9011).

In re Isaacson Steel, Inc. & Isaacson Structural Steel, 2013 BNH 010 (resolving disputes between secured creditors over the allocation of proceeds from the sale of the debtor's assets and cash reserves after cessation of operations resulting in a distribution of proceeds from the sale of inventory traceable to a secured creditor's collateral to such creditor; distribution to a secured creditor of the actual amount paid for postpetition real estate taxes as an administrative expense under section 503(b)(1)(A) &(B); and allocation of the remaining tax escrow proceeds between secured creditors for jointly administered debtors based on each debtor's relative use and benefit from use of the real property).

Carbonneau v. Federal Nat'l Mort. Assn. (In re Carbonneau), 2013 BNH 007 (granting the defendant's motion for summary judgment after determining that the debtor's real property had been sold at a foreclosure sale prior to the filing of the bankruptcy petition, did not become part of the bankruptcy estate of 11 U.S.C. § 541, and was not subject to the automatic stay of 11 U.S.C. § 362; the foreclosure sale had been completed under N.H. R.S.A. § 479:26, despite errors in documents recorded with the foreclosure deed).

In re Stevens, 2013 BNH 008 (denying a creditor's motion to dismiss a chapter 13 debtor's petition as being filed in bad faith, pursuant to 11 U.S.C. § 1307(c), because the moving creditor did not establish a sufficient evidentiary record to satisfy his burden of proof that the Debtor either (1) purposefully understated the value of certain assets on his schedules, or (2) failed to make an honest or diligent effort to list all of his debts on his schedules).

In re Hopkinton Indep. School, Inc., 499 B.R. 158 (Bankr. D.N.H. 2013) (denying secured creditor’s request for administrative expenses under 11 U.S.C. § 503(b) because the expenditures at issue did not benefit the bankruptcy estate—the secured creditor incurred costs to preserve its collateral and sought to recover those costs from the estate, where the trustee did not use, sell or otherwise benefit from possession of the subject collateral).

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