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Bankruptcy Court for the District of New Hampshire Court Cases
In Re Haley (2006)
Before the Court is the Chapter 13 Trustee's objection to the confirmation of 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) in that it does not devote all available disposable income to the plan.
Court: Bankruptcy Court for the District of New Hampshire Docket: 06-10775-MWV
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"). 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, 2006. At the hearing, the parties agreed to submit to the Court on agreed facts the question of whether a presumed abuse has arisen under § 707(b)(2) but to [...]
Court: Bankruptcy Court for the District of New Hampshire Docket: 06-10749-JMD
In Re Kibbe (2006)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) is determined from Form B22C or whether "projected disposable income" is determined by reference to Schedules I and J, when the debtor's "current monthly income," as defined by section 101(10A), is [...]
Court: Bankruptcy Court for the District of New Hampshire Docket: 06-10012-MWV
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). 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.
Court: Bankruptcy Court for the District of New Hampshire Docket: 06-10877-MWV
In Re Garrett (1995)The Court has before it four adversary proceedings brought by the debtor/plaintiff, Valerie Garrett ("Garrett"), against the respective following defendants: Northstar Guarantee, Inc. ("Northstar"), New Hampshire Higher Education Assistance Foundation ("NHHEAF"), Pennsylvania Higher Education Assistance Agency ("PHEAA") and Massachusetts Higher Education Assistance Corporation ("MHEAC") (collectively referred to as "Defendants"). Each of the adversaries seeks to have student loans discharged [...]
Court: Bankruptcy Court for the District of New Hampshire Docket: Bankruptcy No. 94-10387-JEY. Adv. Nos. 94-1093-MWV, 94-1094-MWV, 94-1095-MWV and 94-1096-MWV
In Re Beeman (1999)Before the Court is a motion by the Bank of New York ("Bank") for relief from the automatic stay for the purpose of allowing the Bank to record a foreclosure deed and to evict Darwin and Terry Beeman (the "Debtors") from their residence. The basic facts in this case are undisputed and facially simple. On November 20, 1996, the Debtors granted a mortgage on their principal residence to the Bank for the purpose of securing a note. The Debtors thereafter defaulted, causing the Bank to foreclose [...]
Court: Bankruptcy Court for the District of New Hampshire Docket: Bankruptcy No. 99-10346-JMD
In Re Edwards (1999)On June 18, 1999, Ray E. Edwards, Sr. (the "Debtor") filed a motion with this Court requesting that his previously entered discharge order be vacated for the purpose of allowing him to enter into an enforceable reaffirmation agreement with Peoples Bank of Littleton (the "Bank") concerning the Debtor's residence. The events leading up to the Debtor's motion are straightforward and not in dispute. The Debtor filed a petition for relief under Chapter 7 on January 8, 1999. On the schedules [...]
Court: Bankruptcy Court for the District of New Hampshire Docket: Bankruptcy No. 99-10054-JMD
In Re Sansoucy (1992)Plaintiff in this adversary proceeding brought a complaint pursuant to that statutory provision. Paragraph number five of the complaint alleges "that from February 1990 through May 2, 1990, your debtor represented the fact that he and Old Dover Road Associate, Inc., the entity owning the real estate, were financially solvent and that there were no defaults in the mortgage financing of the debtor, no conflicting leases or tenants in the space requested by the complainant and there was no [...]
Court: Bankruptcy Court for the District of New Hampshire Docket: Bankruptcy No. 91-12270, Adv. No. 91-1163
In Re Barrows (1994)
Nancy J. Smith, Asst. Atty. Gen.-Civil Bureau, Dept. of Justice, Concord, NH, Student Loan Mktg. Assn., Merrifield, VA, Student Loan Mktg. Assn., Waltham, MA, Student Loan Mktg. Assn., Wilkes Barre, PA, for NH Bd. of Dental Examiners, Raymond Jarvis, Exec. Sec., NHBDE, NH Dept. of Health & Human Services, Harry Bird, Dir. NH Dept. of Health.
Court: Bankruptcy Court for the District of New Hampshire Docket: Bankruptcy No. 92-11637-JEY. Adv. No. 92-1157
In Re Chandler (1997)This Chapter 13 case presents the issue of whether the debtors may pay their unsecured student loan creditor the required monthly contractual amount on those loans "outside" of their Chapter 13 Plan, while paying their other unsecured creditors a monthly amount at a lesser percentage of those debts "within" their Chapter 13 Plan. For the reasons set out below, the Court holds that the student loan debts may be paid directly and separately during the 36-month course of the debtors' Chapter 13 [...]
Court: Bankruptcy Court for the District of New Hampshire Docket: Bankruptcy No. 95-1115-JEY
In Re Wetherbee (1994)
The issue in these cases is whether 11 U.S.C. § 1322(b) prevents the debtor from modifying the rights of a secured lender who holds a mortgage on a house which was, at the time the loan was granted, the debtor's primary residence but, at the time of the bankruptcy filing, was no longer the debtor's homestead. The issue has arisen in both cases in the context of confirmation of the Debtor's Chapter 13 Plan.
Court: Bankruptcy Court for the District of New Hampshire Docket: Bankruptcy Nos. 93-564-JEY, 92-3732-JEY
In Re McCormack (1996)This matter came before the Court on November 19, 1996, pursuant to a Procedural Order entered by this Court. This chapter 13 bankruptcy case was remanded on appeal by Order dated August 29, 1996 by the United States District Court affirming and reversing in part a prior Order of this Court entered on December 28, 1995. The August 1996 District Court Order affirmed this Court's findings under § 362(h) of the Bankruptcy Code with regard to violation of automatic stay, allowance of actual [...]
Court: Bankruptcy Court for the District of New Hampshire Docket: Bankruptcy No. 91-1487-JEY
In Re Jackson (2004)Victor Dahar, Chapter 7 Trustee (the "Plaintiff"), commenced this adversary proceeding against Stanley W. Jackson (the "Debtor"), Susan W. Jackson, individually, and as Trustee of SWJ Trust I and SWJ Trust II (collectively the "Defendant"), and Stanley W. Jackson, Jr. (the "Son") seeking to set aside certain property transfers as fraudulent transfers pursuant to N.H.Rev.Stat. Ann. § 545-A:4 (1997) ("NH RSA") and 11 U.S.C. § 548(a). On September 19, 2003 the Court granted summary judgment [...]
Court: Bankruptcy Court for the District of New Hampshire Docket: Bankruptcy No. 01-13153-JMD, Adversary No. 02-1136-JMD
In Re Felt Mfg. Co., Inc. (2007)
Robert J. Feinstein, Esq., Beth E. Levine, Esq., Gillian N. Brown, Esq., Pachulski Stang Ziehl Young Jones & Weintraub LLP, New York, NY, Joseph A. Foster, Esq., Cheryl C. Deshaies, Esq., McLane, Graf, Raulerson & Middleton, P.A., Manchester, NH, for Plaintiff.
Court: Bankruptcy Court for the District of New Hampshire Docket: Bankruptcy No. 05-13724-JMD. Adversary No. 06-1171-JMD
Stutman, Treister & Glatt by Richard Levin, Don Willenburg, Los Angeles, Cal., Sulloway, Hollis & Soden, Martin L. Gross, Concord, N.H., Catherine E. Shively, Manchester, N.H., Cahill, Gordon & Reindel by Thomas R. Jones, Gary W. Wolf, Sp. Counsel, New York City, for Public Service of New Hampshire.
Court: Bankruptcy Court for the District of New Hampshire Docket: Bankruptcy No. 88-00043
In Re DeMaggio (1994)Mary DeMaggio filed for chapter 13 bankruptcy relief on April 10, 1992. At the time of the filing of the petition, she owed the Town of Northwood $15,228.41 for unpaid real estate taxes and $753.64 for unpaid public assistance loans, including accrued interest at rates specified by the applicable state statutes up to the date of the filing. See Debtor's Second Amended Chapter 13 Plan of Reorganization Dated May 8, 1993 (Court Doc. No. 28). Under applicable state statutes the Town held valid [...]
Court: Bankruptcy Court for the District of New Hampshire Docket: Bankruptcy No. 92-11161-JEY
In Re Walker (1996)A medieval scholastic would appreciate this opinion representing the undersigned judge's foray into the thicket of expanding case law on the simple question of whether a debtor should be able to reopen a chapter 7 no-asset bankruptcy case to add an omitted creditor to the schedules. Even more engrossing to said scholastic would be the truly metaphysical questions presented by that case law. The questions no longer revolve around how many angels "can dance on the head of a needle" but rather: [...]
Court: Bankruptcy Court for the District of New Hampshire Docket: Bankruptcy Nos. 93-11377-JEY, 93-12912-JEY, 94-11862-JEY, 93-11862-JEY, 92-11282-JEY, 95-10717-JEY, 92-10580-JEY, 93-13309-JEY, 94-10039-JEY and 89-10291-JEY
Arnold and Eileen Reis (the "Debtors") filed a petition for relief under chapter 13 of the Bankruptcy Code on February 12, 2007 (the "Petition Date"). They subsequently filed their First Amended Chapter 13 Plan (the "Amended Plan") on June 14, 2007. On June 18, 2007 the Court held a confirmation hearing (the "Confirmation Hearing") during which Lawrence Sumski, the chapter 13 trustee (the "Trustee"), objected to confirmation of the Amended Plan because it did not adhere to the confirmation [...]
Court: Bankruptcy Court for the District of New Hampshire Docket: 07-10281-JMD
Tina Mae Pageau (2008)The Court has before it 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. 17) (the "Motion"). After a preliminary hearing on November 5, 2007, the Court denied the Motion in part with respect to certain claims of the United States Trustee (the "UST") under 11 U.S.C. § 707(b)(2) (Doe. No. 23). The Court held a further hearing on January 8, 2008, on the remaining issue under § 707(b)(2), i.e., whether the Debtor has [...]
Court: Bankruptcy Court for the District of New Hampshire Docket: 07-11366-JMD
In Re Grigas (2000)On March 29, 1999, Sally M. Grigas (the "Debtor") filed the above-captioned bankruptcy case under Chapter 7 of the Bankruptcy Code. On her Schedule F accompanying her bankruptcy petition, the Debtor listed the following two outstanding educational debts: (1) $11,414.59 owed to Sallie Mae Servicing (the "First Debt"); and (2) $64,232.29 owed to USA Group Loan Services, Inc. (the "Second Debt"). It is undisputed that these debts were subsequently assigned to the Educational Credit Management [...]
Court: Bankruptcy Court for the District of New Hampshire Docket: Bankruptcy No. 99-11021-JMD. Adversary No. 99-1124-JMD