New Hampshire

In re Pittsfield Weaving Co.

A debtor filed an application for authority to retain certain counsel. The U.S. trustee objected to the application, alleging that counsel was not disinterested under 11 U.S.C. § 327(a) and might represent an adverse interest to the debtor.
Ruling: 
Debtor allowed to retain counsel whose disinterested status was in question but who waived retainer.
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Kirby v. Kirby (In re Kirby)

The debtor's ex-spouse brought an adversary proceeding pursuant to 11 U.S.C. § 727(a) objecting to debtor's chapter 7 discharge. The debtor filed a motion for summary judgment, arguing that her ex-spouse was not a "creditor" and therefore lacked standing to object under 11 U.S.C. § 727(a).
Ruling: 
Former spouse with no actual bankruptcy claim lacked standing to object to debtor's discharge.
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New Hampshire Supreme Court Profl Conduct Comm. v. Richmond (In re Richmond)

Plaintiff New Hampshire Supreme Court Professional Conduct Committee sued defendant debtor pursuant to 11 U.S.C. § 523(a)(7), seeking to except from discharge the debtor's obligations arising out of two attorney disciplinary proceedings. The parties stipulated to undisputed material facts. The committee moved for summary judgment.
Ruling: 
Debtor attorney's obligations stemming from attorney disciplinary proceedings were nondischargeable.
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Ford v. Blaine (In re Mann)

Plaintiff chapter 7 trustee brought an adversary proceeding against defendant debtor's parents, seeking to set aside a certain property transfer as a fraudulent transfer pursuant to N.H. Rev. Stat. Ann. § 545-A (1997) and 11 U.S.C. § 544. The bankruptcy court conducted a trial.
Ruling: 
Trustee could not bring fraudulent transfer claim absent proof of unsecured creditor existed at time of transfer.
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Drew v. MAK Inv. LLC (In re Drew)

Plaintiff, the chapter 7 trustee, brought suit seeking to avoid the prepetition transfer of the debtor's residence to a third party purchaser under 11 U.S.C. § 548, and to collect damages pursuant to state law and the common law, treble damages plus fees and costs pursuant to the New Hampshire Consumer Protection Act ("NHCPA"), N.H. Rev. Stat. Ann. § 358-A. The purchaser argued it had paid "reasonably equivalent value"for the property.
Ruling: 
Purchase of title for less than reasonably equivalent value was avoidable.
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Savoy v. Savoy (In re Savoy)

Plaintiff, debtor's former spouse, filed an adversary complaint against defendant debtor pursuant to 11 U.S.C. § 523(a)(5). The issue was whether the debtor's $10,000 obligation to his former spouse for legal fees arising from the couple's divorce decree was in the nature of alimony, maintenance, or support and thus non-dischargeable under the Bankruptcy Code.
Ruling: 
Debtor's obligation to pay former spouse's divorce attorneys'fees was not in the nature of alimony and dischargeable.
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In re Robotic Vision Sys.

Creditor filed objections to the applications filed by professionals for chapter 7 debtors, which sought final approval of fees and expenses for services rendered to debtors prior to when the court converted debtors'cases from chapter 11 to chapter 7.
Ruling: 
Contested matters were converted to adversary proceedings with chapter 7 trustee as plaintiff since claims of fraud by chapter 11 professionals were estate property.
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In re Guadette

Movant, special counsel to the trustee of a chapter 7 bankruptcy estate, filed a final fee application, seeking additional fees on theories of fee-shifting, common fund, quantum meruit, and the application of a contingency fee agreement to all assets of a second bankruptcy estate. Objectors included, inter alia, the trustee, the Small Business Administration, and three recovery corporations, one of which filed a motion to release escrow funds.
Ruling: 
Court modified fee agreement and awarded counsel additional fees since parties benefitted from counsel's work.
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In re Reardon

Chapter 11 debtor filed a motion seeking approval of a reaffirmation agreement, which was substantially in the form issued by the Director of the Administrative Office of the United States Courts to implement the requirements of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. No. 109-8. ("BAPCPA"). The form also complied with the court's Administrative Order 4008-1 (AO 4008-1).
Ruling: 
Court did not approve reaffirmation agreement because it did not contain any identification of identity of creditor.
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In re Grasso

The chapter 7 trustee filed a motion to dismiss the case pursuant to 11 U.S.C. § 521(e)(2)(A) or for an order determining that the debtor had complied with 11 U.S.C. § 521(e)(2)(A) or was exempt from compliance under 11 U.S.C. § 521(e)(2)(B). The trustee filed the motion to dismiss because the debtor's tax returns were not submitted at least seven days prior to the 11 U.S.C. § 341 meeting, as required by 11 U.S.C. § 521(e)(2)(A).
Ruling: 
Trustee's motion to dismiss for debtor's failure to timely file tax returns was denied since untimely filing was due to attorney error and unharmed trustee did not have to seek dismissal.
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