New Hampshire

Netria Corp. v. Graham (In re Graham)

Creditor filed motions (1) for summary judgment seeking a determination that the debt owed it by chapter 7 debtor was excepted from discharge under 11 U.S.C. § 523(a)(6); (2) for relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(1) in order to allow the state court to enter final judgment and determine the amounts of creditor's liability; and (3) to strike debtor's answer pursuant to Fed. R. Civ. P. 12(f).
Ruling: 
Debtor's misappropriation of trade secrets was willful and malicious rendering debt nondischargeable.
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In re Harwick

The United States Trustee filed a motion to dismiss chapter 7 debtors'case pursuant to 11 U.S.C. § 707(b)(2).
Ruling: 
Means test for above median debtors is to be applied to circumstances on petition date and not to possible postpetition developments.
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AmericCERT Inc. v. Straight Through Processing Inc. (In re AmeriCERT Inc.)

Defendant creditor filed a motion to dismiss, pursuant to 11 U.S.C. § 1112(b), plaintiff debtor's chapter 11 bankruptcy case and a motion to dismiss the debtor's adversary proceeding, which sought turnover of computer equipment and alleged that the corporation violated the automatic stay by its continued possession and use of the equipment, threats, and continuation of a district court proceeding.
Ruling: 
Case dismissed for bad faith where debtor had no employees or cash flow and was not transacting business.
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Moran v. Wunderlich (In re Wunderlich)

In defendant debtor's bankruptcy action, plaintiff creditor filed a motion for summary judgment on its claim that sought on denial of the debtor's discharge under 11 U.S.C. § 727(a)(2)(A) (Count I), (a)(3) (Count III) and (a)(5) (Count VI). The debtor filed an objection.
Ruling: 
Attorney debtor denied discharge due to concealment of second mortgage granted in violation of legal malpractice settlement.
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Michaud v. Alblitt & Carulo PC (In re Michaud)

Plaintiff debtor filed a complaint against defendant, agent for a creditor, seeking damages under 11 U.S.C. § 362(h) for defendant's alleged violations of the automatic stay.
Ruling: 
Post-confirmation postponement of foreclosure sale while debtor's plan payments were current and no motion for relief from stay was pending violated stay.
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Cunha v. Alblitt & Caruolo PC (In re Cunha)

Plaintiff debtor filed a complaint against defendant, an agent for a creditor, seeking damages under 11 U.S.C. § 362(h) for defendant's alleged violations of the automatic stay.
Ruling: 
Postponement of foreclosure sale to maintain status quo did not violate stay.
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In re Whispering Pines Estate Inc.

Creditor, which held a first mortgage and second mortgage on the debtor's property, filed two motions. The first was a motion for relief from the automatic stay, and the second was a motion requesting the court to instruct the United States Trustee to appoint a chapter 11 trustee.
Ruling: 
Relief from stay granted to mortgagee creditor due to probable lack of equity and debtor's inability to refinance.
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In re Harris

A debtor who filed for bankruptcy relief under chapter 7 sought to amend his claim of exemptions under Fed. R. Bankr. P. 1009(a) to list certain assets as exempt. However, a creditor and the trustee objected to both the valuation of those assets and to their exemption.
Ruling: 
Debtor could not amend schedules to claim exemptions for property that had been intentionally concealed.
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Kalil v. Mullen (In re Mullen)

Chapter 11 debtor filed a motion to dismiss a complaint brought by plaintiff ex-spouse against defendants, debtor and debtor's related entities, which sought to preliminarily enjoin defendants from continuing to pursue a state court fraudulent transfer action.
Ruling: 
Proceeding regarding alleged fraudulent transfer of debtor's business to former spouse was related to bankruptcy.
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Neal v. New Hampshire Higher Educ. Assistance Found.

Plaintiff debtors filed a complaint seeking an undue hardship discharge of their student loans under 11 U.S.C. § 523(a)(8).
Ruling: 
Student loan debt discharged upon default by debtors'attorney in personal injury action, proceeds of which would have funded chapter 13 plan payments.
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