Bar News - March 9, 2007
NH Bankruptcy Court Opinion Summaries
Note: The full text of the opinion below will be available on the Bankruptcy Court’s web site at www.nhb.uscourts.gov.
In re Hartwick, 2007 BNH 014, issued Feb. 12, 2007 (Deasy, J.) (published) (finding that under § 707(b)(2)(A)(iii) an above median debtor who is required to complete the expense portion of the means test form (Form B22A) may deduct all payments on all secured debts that are scheduled as contractually due on the petition date regardless of whether the debtor later surrenders the property or reaffirms the debt and retains the property)
AmeriCERT, Inc. v. Straight Through Processing, Inc. (In re AmeriCERT, Inc.), 2007 BNH 010, issued 2/1/07 (Vaughn, C.J.) (not published) (dismissing Chapter 11 bankruptcy case and adversary proceeding for cause pursuant to section 1112(b) after concluding that case was not filed in good faith and for no reorganizational purpose).
Comtois et al. v. MAK Investments, LLC (In re Comtois), 2007 BNH 015, issued 2/16/07 (Deasy, J.) (published) (granting a motion for partial summary judgment where: (1) the creditor violated NH RSA 358-K by failing to properly state the rate of interest and the method of calculating interest in a closed end consumer loan, and (2) the creditor violated NH RSA 399-B by failing to properly disclose the total cost of interest at the inception of a closed end consumer loan; and denying summary judgment (3) on damages and/or the remedy for violations of NH RSA 358-K and 399-B because the statutes do not provide an express civil remedy and the available remedies would be considered at the trial on the claims for violation of NH RSA 358-A, and (4) on a claim of violation of NH RSA 398-A requiring a person who deals in second mortgage loans to be licensed because under the undisputed facts of the case, the execution and delivery into escrow of a warranty deed without conditions together with the execution of a loan and escrow agreement did not constitute a mortgage under NH RSA 479:1)