Monday, January 28, 2013

Bankruptcy Decisions 2012: The Year in Review for New Hampshire Bankruptcy Court


Click on the case name below and it will take you to the full opinion on the court's web site. 
12/20/12 Maville v. Maville (In re Maville), 2012 BNH 007 (granting partial summary judgment, holding that all the debtor's non-support, non-alimony obligations to his former spouse arising from divorce proceedings are excepted from discharge pursuant to 11 U.S.C. §523((a) (15), notwithstanding dictum in state court decision).

11/19/12 In re Moultonborough Hotel Group, LLC, 2012 BNH 006 (finding that the plan provision releasing claims against the debtor's principle and manager, pursuant to 11 U.S.C. §1123(b)(3)(A), was a reasonable exercise of business judgment by the debtor in possession, but denying confirmation because the proposed cramdown interest rate which provided for no upward risk adjustment from the current prime rate did not satisfy the requirements of 11 U.S.C. § 1129(b)(2)(A)(i) and the rationale of Till v. SCS Credit Corp, 541 U.S. 465 (2004).

07/31/12 In re Lambregtse, 2012 BNH 005 (denying motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) because (1) the complaint does not definitively establish that the plaintiff's claims are barred by laches, preemption, and exemption under RSA § 358-A, (2) the defendant failed to establish under res judicata that there was a final judgment on the merits of this complaint, or that the Bankruptcy Court determined the alleged stay violations or alleged violations of New Hampshire state law as part of the discharge order, and (3) the Court can reasonably infer from the facts of the complaint that the act of acquiring a Home Equity Line of Credit is for personal, family, or household purposes).

06/20/12 In re Bloom, 2012 BNH 004 (ruling in connection with a motion filed by the debtor’s former spouse seeking to enforce a final divorce decree, which entered postpetition, that (1) the former spouse was entitled to the net proceeds of property that had been sold during the course of the bankruptcy case not the gross proceeds, (2) the chapter 7 trustee was not entitled to surcharge the property awarded to the former spouse with the chapter 7 trustee’s attorney’s fees, and (3) property transferred to the former spouse would not be transferred free and clear of an attachment obtained prepetition by the debtor’s creditors).

05/11/12 In re Richall, 2012 BNH 003 (denying chapter 13 trustee's motion to dismiss case under 11 U.S.C. § 1325(a)(3) for lack of good faith, despite the "above median" debtors' proposing a sixty month plan with payments approximately one-half of their disposable because the debtors' plan provides for payment of all allowed unsecured claims in full in compliance with 11 U.S.C. § 1325(b)(1)(A), and in the absence of any evidence of inaccuracies in the computation of income or expenses or dishonesty in the bankruptcy process).

04/27/12 In re Egan, 2012 BNH 002 (holding that the Creditors do not hold validly perfected pre-judgment attachment liens on the Debtor’s property because they failed to domesticate foreign court order in a New Hampshire state court under the procedures proscribed in NH RSA § 524-A (the Uniform Enforcement of Foreign Judgments Act)).

02/29/12 Notinger v. Migliaccio (In re Fin. Res. Mortg., Inc.), 2012 BNH 001 (denying in part the defendants’ motion for summary judgment because the summary judgment record failed to establish that the transfers at issue, in the trustee’s claims under 11 U.S.C. §§ 544, 547, and 548, were not of “an interest of the debtor” in property since the defendants made no attempt to trace their funds although the record did establish the existence of a trust based upon the conduct of the parties).

Opinions and the Opinion summaries are found at the court's web site of

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