New Hampshire

Westbrook v. Westbrook (In re Westbrook)

Plaintiff creditor filed a complaint against defendant chapter 7 debtors seeking to except her unsecured claim from discharge under 11 U.S.C.S. § 523(a)(2) and (a)(4). The debtors filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) and Fed. R. Bankr. P. 7012(b) on the grounds that the claim was time-barred.
Ruling: 
Nondischargeability proceeding dismissed where fraud claim was time barred under state law.
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Consumer case opionion summary, case decided on May 19,2010, LexisNexis #0810-010

In re ONeil

A chapter 7 debtor's ex-spouse filed a motion for a determination that proceeds from the sale of stock in the debtor's corporation should not be considered part of the bankruptcy estate. Objections to the motion were filed by the debtor and by the chapter 7 trustee.
Ruling: 
Proceeds from sale of stock in debtor's corporation distributed between former spouse and the estate pursuant to allocation in divorce decree.
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Consumer case opionion summary, case decided on April 12,2010, LexisNexis #0810-045

In re Visconti

Debtor filed for chapter 7 bankruptcy. The debtor claimed a homestead exemption under RSA 480:1 in the proceeds from the sale of his former home. The chapter 7 trustee objected to the exemption and moved to compel the debtor to turn over the proceeds from the sale of the home under 11 U.S.C.S. § 541.
Ruling: 
Proceeds of sale of debtor's former marital residence represented a pure monetary interest and was property of the estate.
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Consumer case opionion summary, case decided on April 07,2010, LexisNexis #0610-096

In re Corbett

A debtor filed a motion to reopen her no-asset chapter 7 case pursuant to 11 U.S.C.S. § 350(b) so that she could list additional creditors that she inadvertently failed to list on her original schedule F.
Ruling: 
Debtor seeking to reopen no-asset case to list additional creditors required to file verified motion establishing cause.
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Consumer case opionion summary, case decided on March 08,2010, LexisNexis #0510-002

In re Self Enters. & Holdings LLC

The creditors filed an involuntary petition against a debtor under chapter 7. Movant, a member of the debtor, filed a motion requesting that the court dismiss, abstain, or grant relief pursuant to 11 U.S.C.S. §§ 707(a), 305(a)(1), or 362(d) so that she could pursue a state court action against the other holder to recapture property for the debtor. The creditors opposed the motion. The chapter 7 trustee filed a non-objection to dismissal.
Ruling: 
Involuntary case dismissed in best interests of all parties.
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Commercial case opionion summary, case decided on February 26,2010, LexisNexis #0610-072

In re Rodger

The court had before it debtors' Fed. R. Civ. P. 59 Motion for Relief from Order or to Alter/Amend Order. The Motion alleged that section III.C of the court's February 5, 2010 memorandum opinion contained a manifest error of law when it explained that the below median debtors in this case had to pay their disposable income not only during the first three years of their chapter 13 plan but for the duration of the plan.
Ruling: 
Below median chapter 13 debtors required to pay disposable income for full duration of plan.
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Consumer case opionion summary, case decided on February 26,2010, LexisNexis #0510-065

Maroun v. New York Mortg. Co. LLC (In re Maroun)

Plaintiff chapter 13 debtor brought an adversary proceeding against defendants, including a mortgage broker and a mortgage lender, alleging violations of N.H. Rev. Stat. Ann. ch. 358-A and the Truth in Lending Act (TILA), 15 U.S.C.S. § 1601 et seq., breach of contract, intentional misrepresentation, breach of the covenant of good faith and fair dealing, unjust enrichment, and fraud. The broker moved for judgment on the pleadings.
Ruling: 
Court abstained from hearing state law claims against mortgage broker after previously abstaining from similar claim against lender.
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Consumer case opionion summary, case decided on February 11,2010, LexisNexis #0410-138

Maroun v. New York Mortg. Co. LLC (In re Maroun)

Plaintiff chapter 13 debtor brought an adversary proceeding defendants, including a mortgage lender and a mortgage broker, alleging violations of N.H. Rev. Stat. Ann. § 358-A and 15 U.S.C.S. §§ 1635, 1638, and 1639 and also alleging breach of contract, intentional misrepresentation, breach of the covenant of good faith and fair dealing, unjust enrichment, and fraud. The lender moved to dismiss.
Ruling: 
Court abstained from matter "related to" debtor's case but largely concerning state law.
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Consumer case opionion summary, case decided on February 11,2010, LexisNexis #0410-137

In re Rodger

A chapter 13 trustee filed a motion pursuant to 11 U.S.C.S. § 1329 to modify the debtors' confirmed plan to require them to pay annual tax refunds to him for the remainder of the term of their plan for distribution to creditors. The debtors filed an objection to the motion.
Ruling: 
Trustee could modify plan to require payment of annual tax refunds for remainder of plan term.
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Consumer case opionion summary, case decided on February 05,2010, LexisNexis #0310-102

Puzzo v. Martin (In re Martin)

Plaintiff homeowners brought an adversary proceeding against defendant bankruptcy debtor who performed construction work on the homeowners' residence seeking a determination that a debt to the homeowners was not dischargeable under 11 U.S.C.S. § 523(a) based on the debtor's fraud, fiduciary defalcation, and willful and malicious injury. The debtor moved to dismiss the complaint for failure to state a claim.
Ruling: 
Debt was dischargeable absent showing that debtor contractor knew that representations regarding payment of subcontractors were false when made.
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Consumer case opionion summary, case decided on December 03,2009, LexisNexis #0110-049

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