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Bar News - January 5, 2007

NH Bankruptcy Court Opinion Summaries


Note: The full text of the opinions below are available on the Bankruptcy Court’s web site at


7-27-06 In re Harris, 2006 BNH 026 (Vaughn, C.J.) (published) (denying, based on Marrama, Chapter 7 debtor’s § 727(a) motion to convert to Chapter 13 because of debtor’s bad faith).


7-28-06 In re Krause, 2006 BNH 027 (Vaughn, C.J.) (published) (dismissing the debtors’ Chapter 7 case because, in light of the debtors’ earnings and expenses, granting Chapter 7 relief would constitute a substantial abuse of the Bankruptcy Code).


8-17-06 In re Njuguna, 206 BNH 030 (Vaughn, C.J.) (published) (holding that 401k contributions and 401k loan payments do not constitute disposable income post-BAPCPA).


8-28-06 Jameson v. Roy (In re Roy) and Cooper, Deans & Cargill v. Roy (In re Roy), 2006 BNH 031 (Vaughn, C.J.) (unpublished) (holding that (1) the divorce decree awarded Plaintiff an ownership interest rather than a sum certain, and (2) that award of attorneys’ fees was not in the nature of alimony, support, or maintenance).


10-4-06 Askenaizer v. Wyatt (In re Beacon Vision Incorporated), 2006 BNH 037 (Vaughn, C.J.) (unpublished) (granting in part and denying in part the Plaintiff’s motion to add defendants and causes of action).


10-6-06 In re Newfound Lake Marina, Inc., 2006 BNH 038 (Vaughn, C.J.) (unpublished) (determining the allowed amount of secured creditor’s claim, based largely on the reading of a forbearance agreement).


10-18-06 In re Haley, 2006 BNH 040 (Vaughn, C.J.) (unpublished) (construing BAPCPA amendments and Form B22C, and holding that a debtor under § 707(b)(2) may deduct an ownership expense for a vehicle for which the debtor does not make car payments; that 401k loan payments may not be prorated over the term of the plan because proration would be a material alteration; and that unreimbursed health care expenses and telecommunication expenses are limited to expenses for debtors and their dependents).


10-20-06 Robert Wolfe Assocs., P.C. v. Desmond (In re Desmond), 2006 BNH 041 (Vaughn, C.J.) (published) (denying the Plaintiff’s motion to amend its complaint and granting the Defendants’ motion to dismiss).


10-23-06 In re Whispering Pines, Inc. 2006 BNH 042 (Vaughn, C.J.) (unpublished) (confirming a secured creditor’s proposed Chapter 11 plan that contains a carve-out for unsecured creditors).


10-31-06 Kirby v. Kirby (In re Kirby), 2006 BNH 043 (Vaughn, C.J.) (unpublished) (holding that ex-husband is not a creditor and therefore lacks standing to assert a section 727(a) objection to debtor’s/ex-wife’s discharge).


11-27-06 In re Pittsfield Weaving Co., 2006 BNH 044 (Vaughn, C.J.) (published) (granting, over the United States Trustee’s § 327(a) objection, debtor’s motion to retain counsel, finding that special circumstances existed in which the benefits to the debtor substantially outweighed countervailing factors, and ordering that countervailing factors be mitigated by counsel waiving his prepetition claim, and counsel’s representation that he will not represent any potential lender or investor in connection with this case).


11-28-06 Neal v. NH Higher Educ. Assistance Found. (In re Neal), 2006 BNH 046 (Vaughn, C.J.) (published) (discharging student loans pursuant to section 523(a)(8)).


11-29-06 Kalil v. Mullen (In re Mullen), 2006 BNH 047 (Vaughn, C.J.) (unpublished) (denying Defendant’s motion to dismiss and declining to rule on Plaintiff’s request for a preliminary injunction).


12-1-06 In re Harris, 2006 BNH 048 (Vaughn, C.J.) (unpublished) (denying, because of the debtor’s bad faith, debtor’s attempt to amend his schedules in order to exempt certain property).



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