New Hampshire

Lombard, In re--Browne v. Lombard

Ruling: 
Claims dismissed as the plaintiffs lacked standing to seek an order denying debtor's discharge for fraudulently false statements under oath. (Bankr. D.N.H.)
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Consumer case opionion summary, case decided on August 31,2018, LexisNexis #1018-054

Foistner, In re--Shelzi v. Foistner

Ruling: 
Motion to dismiss denied in part as creditor alleged a plausible fraud claim where funds contributed to an LLC at the debtor's request were fraudulently obtained. (Bankr. D.N.H.)
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Consumer case opionion summary, case decided on July 20,2018, LexisNexis #0818-100

Pelley, In re--Martin v. Pelley

Ruling: 
Court awarded debtor actual damages as creditor's actions in filing motions in state court were not protected by § 362(b). (Bankr. D.N.H.)
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Consumer case opionion summary, case decided on February 15,2018, LexisNexis #0318-094

Hatton v. TD Bank, N.A. (In re Hatton)

Ruling: 
Chapter 13 debtors were not entitled to the protections of 11 U.S.C.S. § 108(a) as it applies toactions that may be commenced by a "trustee," not to actions commenced by a "debtor." (Bankr.D.N.H.)
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Consumer case opionion summary, case decided on February 07,2018, LexisNexis #0318-062

Morgenstern, In re--Town of Hampton v. Morgenstern

Ruling: 
Court ruled that the fee and cost award granted was not exempted from discharge as it was inthe nature of a nondiscretionary award intended to compensate the town, and not to punishthe debtor. (Bankr. D.N.H.)
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Consumer case opionion summary, case decided on December 28,2017, LexisNexis #0218-021

Hudson, In re--N.H. Dep't of Empl. Sec. v. Hudson

Ruling: 
Debt deemed nondischargeable as court found that debtor made series of knowingly false statements on each of her weekly claim certifications. (Bankr. D.N.H.)
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Consumer case opionion summary, case decided on December 20,2017, LexisNexis #0118-097

Browne v. Lombard (In re Lombard)

Ruling: 
Creditors who made specific factual allegations against the allegedly fraudulent transactionsentered into by the debtor but who failed to make any claim under state or federal law cannotuse the said grounds as their cause of action. (Bankr. D.N.H.)
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Consumer case opionion summary, case decided on September 29,2017, LexisNexis #1117-011

Martin v. Pelley (In re Pelley)

Ruling: 
Creditor's overpayment of child support was not excepted from discharge as the debtor'sobligation to reimburse him was not in the nature of alimony, maintenance, or support.(Bankr. D.N.H.)
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Consumer case opionion summary, case decided on September 26,2017, LexisNexis #1117-014

Todt, In re

Ruling: 
Debtors were granted damages and attorneys' fees for creditor's violation of the dischargeinjunction by continously sending statements to the debtor seeking payment of a mortgagedebt that had been discharged. (Bankr. D.N.H.)
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Consumer case opionion summary, case decided on May 17,2017, LexisNexis #0617-073

Duggan, In re--Ford v. Duggan

Ruling: 
Trustee entitled to sell real property free and clear of interests of nondebtor co-owners as thebenefit of the sale outweighed the detriment to the co-owners. (Bankr. D.N.H.)
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Consumer case opionion summary, case decided on May 12,2017, LexisNexis #0617-064

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