Bar News - July 6, 2007
NH Bankruptcy Court Opinion Summaries
Note: The full text of the opinion below is available on the Bankruptcy Court’s web site at www.nhb.uscourts.gov:
Rivers Edge Condo. Homeowners Ass’n v. Cohen (In re Cohen), 2007 BNH 017, issued 4/26/07 (Vaughn, C.J.), published (denying summary judgment because neither res judicata nor collateral estoppel give plaintiff’s state court default judgment preclusive effect in the bankruptcy court and because material issues of fact are in dispute).
In re Stickney, 2007 BNH 025, issued 6/14/07 (Deasy, J), published (finding that a chapter 7 trustee has standing to file a motion to vacate an order approving a debtor’s application for waiver of the chapter 7 filing fee, denying the debtor’s application to waive chapter 7 filing fee under 28 U.S.C. § 1930(f)(1) and setting out the 2-part Waiver Test to be used by the Court when determining whether or not to grant a debtor’s fee waiver application.)
In re Wunderlich, 2007 BNH 023, issued 6/6/07 (Vaughn, C.J.), not published (disallowing the debtor’s amended schedules in which he sought to claim New York property exemptions, based on debtor’s bad faith in initially claiming exemptions under New Hampshire law).
Alvord v. Harris (In re Harris), 2007 BNH 024, issued 6/7/07 (Vaughn, C.J.), not published (denying, on summary judgment motion, debtor’s discharge under 11 U.S.C. § 727(a)(2)(B) and (a)(4)(A), and determining that factual issues preclude granting summary judgment under 11 U.S.C. § 727(a)(3)).