New Hampshire

In re Kibbe

The chapter 13 trustee filed a motion to dismiss the debtor's bankruptcy case. The issue presented was whether "projected disposable income," as used in 11 U.S.C. § 1325(b)(1)(B), was determined from Official Bankr. Form B22C or whether "projected disposable income" was determined by Schedules I and J, when the debtor's "current monthly income," as defined by 11 U.S.C. § 101(10A), was significantly lower than her actual current income.
Ruling: 
Plan was denied confirmation since debtor incorrectly calculated projected disposable income based on Official Form B22C rather than Schedules I and J.
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In re Raymond

Before the court in a chapter 7 matter was pro se debtor's certification of exigent circumstances.
Ruling: 
Pro se debtor's case was dismissed since debtor's certification of exigent circumstances did not certify that debtor requested credit counseling services but was unable to receive them.
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River Valley Counrty Day Sch. v. Evarts (In re Evarts)

Plaintiff creditor filed an action in state court against defendants, debtors, alleging conversion, breach of fiduciary duty, unfair or deceptive act or practice under N.H. Rev. Stat. Ann. § 358-A, and willful and wanton conduct. The debtors removed the case to the bankruptcy court. The creditor filed a motion seeking remand.
Ruling: 
Court ruled that it had "related to" jurisdiction and that remanding the proceeding to state court was proper.
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River Valley Fitness One Ltd. Pship v. City of Lebanon (In re River Valley Fitness One Ltd. Pship)

Pursuant to 11 U.S.C. § 505(a), plaintiff debtor commenced an adversary proceeding against defendant city seeking to have the bankruptcy court determine the debtor's tax liability to the city for tax years beginning April 1, 2001, 2002 and 2003 and any subsequent tax years and reduce the debtor's tax assessment to reflect the market value of the debtor's real property adjusted by the city's equalization ratio.
Ruling: 
Court found that the debtor's tax liability to a city for its fitness club space was to be determined from the rental value of the space, which was based on the actual income of the debtor's fitness club operations.
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Mullen v. Kalil (In re Mullen)

Plaintiff debtor sued defendant former husband alleging that the transfers of a lease and a business were avoidable as fraudulent transfers under 11 U.S.C. § 548, the transfers of the lease and the business were avoidable under 11 U.S.C. § 544(b), and the transfers of the lease and the business were avoidable preferences under 11 U.S.C. § 547(b). The former husband filed a motion for summary judgment.
Ruling: 
Debtor's action to avoid transfers to the debtor's former husband was time barred since the action was already disclosed in the debtor's discharged chapter 7 case and could not be revived by reopening the case and converting to chapter 11.
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In re Amherst Techs. LLC

In a core proceeding of 11 jointly administered chapter 7 cases, movant, a newly elected chapter 7 trustee, brought a preliminary objection to resolve a disputed election pursuant to Fed. R. Bankr. P. 2003(d)(2). The U.S. trustee filed a report of the disputed chapter 7 election. The court held a preliminary status meeting and a final hearing to resolve the disputed election.
Ruling: 
Court ruled that the interim trustee had offered sufficient proof that the creditor had an interest materially adverse to the other unsecured creditors and thus was not qualified to request an election and vote for a permanent trustee.
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