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Opinions in bnh Volume 2007

MEMORANDUM OPINION The Court has before it two nearly identical motions to dismiss filed by Straight Through Processing, Inc. (the “Defendant”); one motion to dismiss the bankruptcy case and one motion to dismiss the adversary proceeding. In both motions, the Defendant requests change of venue as alternate relief. AmeriCERT, Inc. (the “Debtor”) has filed objections to the motions, and the Def...
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MEMORANDUM OPINION The Court has before it the amended complaint of Elaine M. Flanagan (the “Plaintiff”) in which she brings seven counts seeking to except certain debts from discharge under section 523 and to deny Phillip L. Howard, Jr. (the “Defendant”), a discharge under section 727. The Court held a half-day trial on October 25, 2006. The Plaintiff is pro se and the Defendant was ...
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MEMORANDUM OPINION The Court has before it the motions of Mary Notaris, individually, and Mary No-taris, Attorney at Law, LLC, (the “Defendants”) to dismiss the above-referenced complaints pursuant to Federal Rule of Bankruptcy Procedure 7012, which incorporates Federal Rule of Civil Procedure 12(b)(6), for failure to state a claim upon which relief can be granted. The complaints...
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MEMORANDUM OPINION I. INTRODUCTION Phoebe Morse, United States Trustee (the “Trustee”), filed a motion to dismiss this bankruptcy case pursuant to § 707(b)(2) or § 707(b)(3) of the Bankruptcy Code (Doc. No. 17) (the “Motion”). 1 Mark and Angela Hartwick (the “Debtors”) filed an objection to the Motion (Doc. No. 22). The Court held a hearing on the Motion on December 13...
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MEMORANDUM OPINION I. INTRODUCTION Karl and April Comtois (the “Debtors”) filed a voluntary petition under chapter 13 of the Bankruptcy Code 1 on February 8, 2006 (the “Petition Date”). The Debtors and Lawrence Sumski, the chapter 13 trustee (collectively, the “Plaintiffs”) commenced this adversary proceeding on March 13, 2006, by filing a complaint *338 against MAK Investments, LLC (the ...
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MEMORANDUM OPINION Before the Court are three motions filed by the Plaintiff, Netria Corporation (“Net-ria”). Netria sued the Defendant, Aric N. Graham (“Graham”) on several grounds, including misappropriation of trade secrets, in the Rockingham County Superior Court, which granted summary judgment in favor of Netria on the misappropriation count and ordered sanctions against Graham f...
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MEMORANDUM OPINION Rivers Edge Condominium Homeowners Association (the “Plaintiff’) is a judgment creditor of the Debtor, Ann M. Cohen, (the “Defendant”). The Plaintiff was awarded a default judgment in a Massachusetts superior court for damages related to an unfulfilled roofing contract. The Plaintiff commenced this adversary proceeding for the purpose of obtaining a ruling excepting the deb...
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MEMORANDUM OPINION Several motions filed by David E. Stacy (“Stacy”) are before the Court: (1) “Motion to Seal the Court’s File in All Matters,” (2) “Motion to Conduct Hearings in Camera,” (3) “David E. Stacy’s Motion to Reconsider Order Disallowing Claim and to Allow Claim” and his amended version of the same, and (4) “Creditor David E. Stacy’s Motion to Convert Chapter 13 Proceeding...
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MEMORANDUM OPINION I. INTRODUCTION Janet Stickney (the “Debtor”) filed a voluntary petition under chapter 7 of the Bankruptcy Code 1 on March 30, 2007. Contemporaneously with the filing of her petition, the Debtor filed an application for waiver of the chapter 7 filing fee (Doc. No. 3) (the “Application”). On April 2, 2007, the Court entered an order granting the Appli...
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371 B.R. 589 (2007) 2007 BNH 027 In re FELT MANUFACTURING CO., INC., f/k/a Foss Manufacturing Co., Inc., Debtor. Official Committee of Unsecured Creditors, on behalf of the bankruptcy estate of Felt Manufacturing Co., Inc., f/k/a Foss Manufacturing Co., Inc., Plaintiff, v. Stephen Foss, Patricia Foss, Jenifer Foss Smyth, Kevin Sexton, Douglas Kinney, Marcella Darling, John Smyth, Dennis Foss, Dav...
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MEMORANDUM OPINION I. INTRODUCTION On August 3, 2007, the Court held a hearing on the confirmation of the Chapter 13 Plan dated May 18, 2007 (Doc. No. 10) (the “Plan”) filed by Robert and Brenda Stevens (the “Debtors”) and the Objection by the Town of Winchester to Confirmation of Chapter 13 Plan (Doc. No. 18) (the “Objection”). After consideration of the arguments and statements by the par...
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ORDER The Court has before it the Objection to Claimed Exemption (Doc. No. 16) (the “Objection”) filed by Lawrence Sumski, chapter 13 trustee (the “Trustee”). The Trustee is objecting to Cynthia Dubrav-sky’s (the “Debtor”) claim of a homestead exemption pursuant to NH RSA 480:1 in the amount of $100,000.00. After notice, the Court held a hearing on the Objection on August 17, 2007. At the hea...
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MEMORANDUM OPINION I. INTRODUCTION Steven M. Notinger, as chapter 7 trustee (the “Trustee”) of Robotic Vision Systems, Inc. (the “Debtor” or “RVSI”), filed a twenty-three count complaint against seven former directors of the Debtor seeking, among other relief, to recover for breach of fiduciary duty to RVSI and its creditors and objecting to the directors’ proofs of claims. The d...
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*373 MEMORANDUM OPINION The United States Trustee (“UST”) filed a motion to dismiss the bankruptcy case of Andrew C. Turner, III, and Rebecca L. Turner (the “Debtors”) pursuant to section 707(b)(2). 1 This case is about whether the Debtors are allowed to take certain deductions on Form B22A, the Statement of Current Monthly Income and Means Test Calculation. J...
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MEMORANDUM OPINION I. INTRODUCTION Lawrence P. Sumski, the chapter 13 trustee (the “Trustee”), objects to confirmation of the Debtor’s chapter 13 plan (the “Plan”) on the grounds that the Plan fails to comply with 11 U.S.C. § 1325(b)(1)(B), 1 in that it does not provide that “all of the debtor’s projected disposable income to be received in the applicable commitment pe...
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MEMORANDUM OPINION The Court has before it the motion of the Chapter 11 Debtor, Zenus is Jewelry, Inc., seeking permission to pay certain prepetition creditors. Ocean National Bank (“Ocean”), a secured creditor, has objected to the Debtor’s motion. The Court held an evidentiary hearing on October 18, 2007, and, realizing time is an important factor in this reorganization, issues this ...
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MEMORANDUM OPINION I. INTRODUCTION On October 4, 2007, the Court held a hearing to consider the Ex Parte Motion of United States Trustee for Order Authorizing Rule 2004 Examination of Debtor and Production of Documents (Doc. No. 10) (the “Motion”), the Objection to Motion for 2004 Examination filed by the Debtor (Doc. No. 11), and the Reply in Support of the Motion of United States Trustee ...
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MEMORANDUM OPINION I. INTRODUCTION The Court has before it the Debtor’s Objection to Amount of Secured Arrearage and Motion to Determine Amount of Allowed Secured Arrearage of Countrywide Home Loans, Inc. under 11 U.S.C. *441 § 506(b) and 1322(e) (Doc. No. 26) (the “Objection”) and the response thereto filed by Countrywide Home Loans, Inc. as servicing agent for the ...
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MEMORANDUM OPINION I.INTRODUCTION On November 15, 2007, the Court held a hearing to consider the Objection to Motion to Dismiss (Doc. No. 19) (the “Objection”) filed by Laura Perrotta (the “Debt- or”) with respect to the Motion of United States Trustee for Order Dismissing Case Under 11 U.S.C. § 707(b)(2) or 11 U.S.C. § 707(b)(3) (Doc. No. 15) (the “Motion”). After consideration of the plea...
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MEMORANDUM OPINION Michael Askenaizer (the “Plaintiff’), as Chapter 7 trustee for Charwill Construction, Inc. (the “Debtor”), filed a complaint against Seacoast Redimix Concrete, LLC (“Seacoast”), to avoid certain payments the Debtor transferred to Seacoast within the ninety-day period preceding the filing of the bankruptcy petition. Presently before the Court is Seacoast’s second mot...
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