New Hampshire

DeSteph v. Connecticut Dept of Banking (In re DeSteph)

Chapter 13 debtor filed an adversary proceeding against defendants, the State of Connecticut Department of Banking, the Commissioner, and a staff member (the State), for the State's alleged violation of the automatic stay under 11 U.S.C.S. § 362 and for violation of N.H. Rev. Stat. Ann. § 358-C. The State filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) and Fed. R. Bankr. P. 7012(b).
Ruling: 
State action to enforce securities laws fell within regulatory exception to automatic stay.
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Consumer case opionion summary, case decided on December 02,2009, LexisNexis #0110-075

FIA Card Services v. Finnerty (In re Finnerty)

Plaintiff creditor brought an adversary proceeding against defendant debtor, seeking a finding that $ 6,900 in charges and cash advances the debtor put on her credit line was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
Credit card charges and cash advances were dischargeable absent evidence of fraudulent intent.
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Consumer case opionion summary, case decided on October 30,2009, LexisNexis #1209-011

In re McLaughlin

Creditor bank filed three motions for relief from the automatic stay under 11 U.S.C.S. § 362 for the purpose of foreclosing on properties owned by debtors. The debtors filed a motion to avoid attachment against the bank pursuant to 11 U.S.C.S. § 547.
Ruling: 
Relief from stay granted to allow creditor bank to foreclose in absence of sufficient equity cushion.
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Consumer case opionion summary, case decided on September 03,2009, LexisNexis #1009-086

In re Seff Enters. & Holdings LLC

Movant, a member of the debtor, filed a motion seeking for the court to dismiss, abstain, or grant relief from the voluntary petition, under 11 U.S.C.S. §§ 707(a), 305(a)(1), and 362(d)(1), filed by the other member of the debtor.
Ruling: 
Asset-less case dismissed as not benefitting creditors or debtor.
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Commercial case opionion summary, case decided on August 26,2009, LexisNexis #1009-037

In re Smith

The debtors filed for relief under chapter 13 of the Bankruptcy Code. The debtors filed an assented emergency motion for approval of loan modification of an existing mortgage loan.
Ruling: 
Court lacked jurisdiction to rule on loan modification agreed to by chapter 13 debtor and creditor.
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Consumer case opionion summary, case decided on July 23,2009, LexisNexis #0809-132

Rizzo v. Mindes (In re Mindes)

Judgment creditors brought an adversary proceeding against debtor seeking a determination that a debt to the creditors was nondischargeable under 11 U.S.C.S. § 523(a)(2) based on the debtor's fraudulent representation that the debtor would perform remodeling and construction on the creditors' property.
Ruling: 
Default judgment that did not establish fraud was not basis for nondischargeable debt.
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Consumer case opionion summary, case decided on April 02,2009, LexisNexis #0609-050

Notinger v. Wells Fargo (In re Prescott)

A chapter 7 trustee and chapter 7 debtors, filed an adversary proceeding against bank, seeking an order allowing the trustee to avoid a lien the bank held on the debtors' property, pursuant to 11 U.S.C.S. § 544(a)(2), and claiming that an attachment the bank obtained in state court violated the automatic stay and was voidable under 11 U.S.C.S. § 549(a)(1) and (2)(B). The parties filed cross-motions for summary judgment.
Ruling: 
Attachment issued in postpetition state court action to reform mortgage that was outside scope of relief from stay granted was voidable.
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Consumer case opionion summary, case decided on March 12,2009, LexisNexis #0509-122

In re Plourde

Before the court for confirmation was the chapter 13 debtors' plan. A mortgage creditor objected to confirmation.
Ruling: 
Plan could not be confirmed due to debtors' negative disposable income.
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Consumer case opionion summary, case decided on March 09,2009, LexisNexis #0409-062

Schatz v. Imperial Capital Bank (In re Schatz)

Plaintiff bankruptcy debtor in possession brought an adversary proceeding against defendant mortgagee seeking to avoid as preferential the debtor's grant of a mortgage to the mortgagee, which the mortgagee failed to record until shortly before the debtor filed his bankruptcy petition. The debtor and the mortgagee cross-moved for summary judgment.
Ruling: 
Mortgage not recorded until just prior to petition date avoided as preferential transfer.
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Consumer case opionion summary, case decided on February 18,2009, LexisNexis #0409-082

Askenaizer v. Wyatt (In re BeaconVision Inc.)

Plaintiff, the chapter 7 trustee, filed a complaint against various defendants who were alleged to have received funds from a $ 200,000 deposit to an escrow account made by the debtor as an anticipated loan commitment fee for a $ 2 million loan that was never completed. The $200,000 was distributed. The primary issue was which defendant was the initial transferee of the deposit for purposes of transferee liability under 11 U.S.C.S. § 550(a).
Ruling: 
Corporate lender was initial transferee of funds disbursed out of escrow deposit intended as commitment fee for debtor's loan.
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Commercial case opionion summary, case decided on January 20,2009, LexisNexis #0309-068

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