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All Reportersbnh → Volume 2006

Opinions in bnh Volume 2006

MEMORANDUM OPINION I. INTRODUCTION Edmond J. Ford, chapter 7 trustee (the “Trustee”), filed a three count complaint against the Debtor’s former spouse, Donna Skorich (“Skorich”), seeking (1) to avoid an alleged preferential transfer under 11 U.S.C. § 547; (2) to avoid transfers of property as a hypothetical lien creditor under 11 U.S.C. § 544(a); and (3) a declaratory judgment that, pursuan...
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MEMORANDUM OPINION I. INTRODUCTION Scott Edward Baldassaro (the “Debtor”) filed a Motion for Continuation of the Automatic Stay (Doc. No. 8) (the “Motion”) pursuant to § 362(c)(3) of the Bankruptcy Code. 1 This Court has jurisdiction of the subject matter and the parties pursuant to 28 U.S.C. §§ 1334 and 157(a) and the “Standing Order of Referral of Title 11 Proceedings to the United Stat...
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MEMORANDUM OPINION The Plaintiffs’ amended complaint alleges fourteen counts against nine defendants (and a tenth subsequently added). Presently before the Court is the Plaintiffs’ motion for summary judgment on Count VII, which is a fraudulent transfer claim against defendant Gordon Properties, Ltd. (“Gordon”). Gordon objected and upped the ante with a cross-motion for summary judgme...
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MEMORANDUM OPINION The issue presented in this Chapter 13 case, which is governed by the Bankruptcy Code as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”), is whether a below median debtor’s “projected disposable income,” as that term is used in section 1325(b)(1)(B) 1 is determined from Form B22C or whether “projected disposable income” is determi...
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MEMORANDUM OPINION I. INTRODUCTION On November 19, 2004, Robotic Vision Systems, Inc. and Auto Image ID, Inc. (collectively the “Debtors”) sought bankruptcy protection under chapter 11 of the Bankruptcy Code. On October 11, 2005, the Court converted the Debtors’ jointly administered cases to chapter 7, and the United States Trustee (the “UST”) appointed Steven M. Notinger (the “T...
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Memorandum Opinion The Court has before it the “Debtor’s Motion to Convert Case to One Under Chapter 13.” Paul Harris (the “Debtor”) seeks to convert pursuant to 11 U.S.C. § 706(a). The Chapter 7 trustee (the “trustee”), the United States Trustee, and Joel B. Alvord have filed objections to the Debtor’s motion. The Court held a full-day evidentiary hearing on April 17, 2006. For the r...
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MEMORANDUM OPINION The United States Trustee (the “Trustee”) filed a motion to dismiss John and Susan Krause’s (the “Debtors”) bankruptcy case pursuant to section 707(b) 1 on the grounds that granting Chapter 7 relief would be a “substantial abuse” of the Bankruptcy Code. The Debtors objected to the Trustee’s motion. The Court held two hearings on the matter, the second being an evidentiary...
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MEMORANDUM OPINION This case concerns the Bankruptcy Abuse Prevention and Consumer Protection Act’s (BAPCPA) treatment of 401k contributions and 401k loan payments in Chapter 13 plans. The Chapter 13 Trus *690 tee filed an objection to the confirmation of Anne W. Njuguna’s (the “Debtor”) plan on the ground that the plan does not commit “all of the debtor’s projected disposable income” for p...
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MEMORANDUM OPINION I. INTRODUCTION The New Hampshire Supreme Court Professional Conduct Committee (the “Committee”) filed a complaint pursuant to 11 U.S.C. § 523(a)(7) seeking to except *8 from the Debtor’s discharge his obligations to the Committee arising out of two attorney disciplinary proceedings commenced by the Committee against the Debtor. The parties agreed ...
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MEMORANDUM OPINION Before the Court is the determination of the amount of Sumac Corporation’s (“Sumac”) allowed claim. Newfound Lake Marina, Inc., and Newfound Marine, Inc. (individually, “Newfound Lake Marina” and “Newfound Marine,” and collectively, the “Debtors”), objected to Sumac’s proof of claim. The essence of the dispute involves a forbearance agreement (the “Agreement”) enter...
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MEMORANDUM OPINION Before the Court is the Chapter 13 Trustee’s objection to the confirmation of *342 the Debtors’ above median plan. The Trustee argues that several of the Debtors’ claimed expense deductions from disposable income should not be allowed and that the plan fails to satisfy section 1325(b) 1 in that it does not devote all available disposable inco...
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MEMORANDUM OPINION The Court has before it the Debtor’s Application for Authority to Retain Counsel, namely, William S. Gannon, Esquire, and William S. Gannon PLLC. On September 20, 2006, the Debtor, Pittsfield Weaving Company, filed a voluntary petition under Chapter 11 of the Bankruptcy Code. The application currently before this Court was filed on November 3, 2006, but does not see...
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MEMORANDUM OPINION Before the Court is the Debtors’ complaint seeking an undue hardship discharge of their student loans pursuant to section 523(a)(8). 1 The Court held a trial on August 17, 2006, at which Mrs. Neal testified under oath. At the close of the trial, the Court took the matter under advisement and asked the New Hampshire Higher Education Assistance Foundation (...
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MEMORANDUM OPINION This case involves an above-median debtor whose financial circumstances have changed since filing her bankruptcy petition. Before the Court is the Chapter 13 trustee’s motion to dismiss Erin M. Teixeira’s (the “Debtor”) bankruptcy case on the ground that her Chapter 13 plan payments are less than her “projected disposable income.” At a December 12, 2006, hearing, the Court ...
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