New Hampshire

Carbonneau v. Fannie Mae (In re Carbonneau)

Ruling: 
Postpetition filing of affidavit which corrected a notice of prepetition foreclosure sale did not violate stay.
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Consumer case opionion summary, case decided on September 17,2013, LexisNexis #1013-037

In re Hopkinton Indep. Sch. Inc.

Ruling: 
USDA not entitled to administrative expense claim for maintaining building to protect its own security interest rather than to preserve the estate.
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Commercial case opionion summary, case decided on September 04,2013, LexisNexis #0913-111

In re Pm Cross LLC

The court had before it the Amended Motion to Dismiss, and Amended Motion for Relief from the Automatic Stay filed by a creditor, as well as the Motion for Contempt for Willful Violation of the Automatic Stay filed by debtor.
Ruling: 
Retroactive relief from stay denied in case dismissed for bad faith.
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Commercial case opionion summary, case decided on June 21,2013, LexisNexis #0713-128

Randall v. United States Bank (In re Randall)

In this adversary proceeding plaintiff debtors sought a determination of the validity of defendant bank's secured claim. Debtors and the bank filed competing motions for summary judgment, Fed. R. Civ. P. 56, applicable by virtue of Fed. R. Bank. P. 7056.
Ruling: 
Bank's properly filed and documented proof of claim was prima facie evidence of the claim's validity.
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Consumer case opionion summary, case decided on December 21,2012, LexisNexis #0113-134

Stowe v. Stowe

Creditor sought a nondischargeability determination under 11 U.S.C.S. § 523(a)(2)(A) and (a)(4). Relying on the res judicata effect of a state court final order, the creditor filed a motion for summary judgment.
Ruling: 
State court judgment based on larceny and embezzlement was nondischargeable.
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Consumer case opionion summary, case decided on December 07,2012, LexisNexis #0113-015

In re Momenta Inc.

A vendor of Chapter 11 debtor filed a motion for the allowance of an administrative expense claim of $163,527.95 pursuant to 11 U.S.C.S. § 503(b)(9).
Ruling: 
Creditor vendor was not entitled to administrative expense claim for drop shipment transactions.
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Commercial case opionion summary, case decided on August 19,2011, LexisNexis #0911-040

In re Scannell

The debtor filed a motion to avoid a judicial lien under 11 U.S.C.S. § 522(f)(2). A creditor, who was the debtor's brother, objected on the ground that the debtor was limited to a homestead exemption of $100,000 for purposes of the calculation under § 522(f).
Ruling: 
Judicial lien could be avoided in full for impairing homestead exemption that was not limited by §522(f).
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Consumer case opionion summary, case decided on July 27,2011, LexisNexis #0811-117

In re Visconti

A chapter 7 debtor sought under 11 U.S.C.S. § 706 to convert his case to one under chapter 13.
Ruling: 
Debtor's request for voluntary conversion to chapter 13 denied as made in bad faith.
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Consumer case opionion summary, case decided on May 09,2011, LexisNexis #0611-023

Gaff v. Town of Pembroke (In re Doolan)

Multiple debtors asserted that creditors, New Hampshire town tax authorities, violated various provisions of the automatic stay by sending various notices of impending tax liens and an arrearage, and executing such liens for delinquent property taxes. The court considered, as a matter of first impression, whether certain tax lien procedures under state law followed by the towns were violations of the stay or were excepted from the stay.
Ruling: 
Town tax authorities violated stay by sending notices of, and executing on, liens.
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Consumer case opionion summary, case decided on March 14,2011, LexisNexis #0411-003

Smith v. Lynch (In re Lee)

Chapter 7 trustee sought to set aside certain payments made by the debtor to defendant, his employer, on the grounds that they constituted preferential transfers to an insider pursuant to 11 U.S.C.S. § 547(b). The employer filed a motion to dismiss.
Ruling: 
Preference proceeding dismissed as to payments made within one year of petition date to non- insiders.
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Consumer case opionion summary, case decided on September 21,2010, LexisNexis #1010-095

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