MEMORANDUM OPINION Bruce A. Harwood , Chief Bankruptcy Judge . Olga L. Gordon, the trustee appointed in the above chapter 7 case (the "Trustee") seeks approval of her Amended Final Report and Request for Commission and Expenses (the "Final Report") (Doc. No. 163), and the Amended First and Final Application of Murtha Cullina LLP for fees and expenses incurred as counsel to the Trustee (the "Fee Application") (Doc. No. 152). Creditors Domenic L. Germano 1 and Kristen Germano 2 (...
AMENDED MEMORANDUM OPINION 1 BRUCE A. HARWOOD , Chief Bankruptcy Judge . I. INTRODUCTION Before the Court is the Motion for Judgment on the Pleadings (the "Motion") 2 filed by the United States of America (the "Defendant" or the "IRS"). The Motion moves this Court to enter a final order or judgment that the liabilities of debtor Terrence P. Kriss (the "Plaintiff" or the "Debtor") for income taxes and interest for the tax years 1997, 2000, 2008, 2009, 2010, 2011, are excepted from...
MEMORANDUM OPINION BRUCE A. HARWOOD , Bankruptcy Judge . I. INTRODUCTION Before the Court is the Motion for Judgment on the Pleadings (the "Motion") 1 filed by the United States of America (the "Defendant" or the "IRS"). The Motion moves this Court to enter a final order or judgment that the liabilities of debtor Terrence P. Kriss (the "Plaintiff" or the "Debtor") for income taxes and interest for the tax years 1997, 2000, 2008, 2009, 2010, 2011, are excepted from discharge pursuant to...
MEMORANDUM OPINION BRUCE A. HARWOOD , Bankruptcy Judge . I. INTRODUCTION Rami Morris (the "Debtor") filed a complaint under 11 U.S.C. 523(a)(8) seeking to discharge his student loans. He contends that the repayment of his student loans imposes an undue hardship on him and his dependents. The Massachusetts Educational Financing Authority ("MEFA") holds the notes and denies that payment of these debts imposes an undue hardship. The Court held a trial on January 31, 2019, and took the...
MEMORANDUM OPINION BRUCE A. HARWOOD , Bankruptcy Judge . I. INTRODUCTION Mark S. Rissala (the "Debtor") filed a complaint seeking to except his student loan debt from discharge pursuant to 11 U.S.C. 523(a)(8) as he contends repaying the debt would impose an undue hardship on him. New Hampshire Higher Education Assistance Foundation ("NHHEAF"), the current holder of the Debtor's student loan debt, disagrees. The Court conducted a trial of this matter on December 18, 2018, and took the...
MEMORANDUM OPINION BRUCE A. HARWOOD , Bankruptcy Judge . I. INTRODUCTION Currently before the Court is the debtor's Objection to Claim No. 7-1 (the "Objection") (Doc. No. 32). The Objection arises from proof of claim 7-1 (the "Claim") filed by Jill Babineau (the "Creditor") asserting that debtor Michael Babineau (the "Debtor") owed the Creditor a total of $33,385.50 arising from a domestic support order. In the Objection, the Debtor argues that the Claim should not be allowed as a...
MEMORANDUM OPINION BRUCE A. HARWOOD , Chief Bankruptcy Judge . I. INTRODUCTION The Debtor, Charles A. Burrows, Jr. (the "Debtor"), owns two adjoining parcels of real estate. He claimed a homestead exemption under New Hampshire law in both parcels. The chapter 7 trustee, Michael S. Askenaizer (the "Trustee"), objected to the Debtor's claim of homestead exemption to the extent it covered the parcel of land that abuts the parcel on which his residence is located (Doc. No. 74) (the "...
MEMORANDUM OPINION BRUCE A. HARWOOD , Chief Bankruptcy Judge . I. INTRODUCTION On November 21, 2016, Nationstar Mortgage ("Nationstar") filed a proof of claim in this case (POC 2-1) on behalf of Federal National Mortgage Association ("FNMA") asserting that Joanne C. Evarts (the "Debtor") owed FNMA a total of $237,948.91 as of July 19, 2016 (the "Petition Date"). POC 2-1 indicated the Debtor's prepetition default totaled $24,449.62. On April 26, 2017, the Debtor filed an objection to POC...
This is an unreported opinion. MEMORANDUM OPINION BRUCE A. HARWOOD , Bankruptcy Judge . I. INTRODUCTION On January 25, 2018, the Court held a trial on the complaint of Robert Browne, Aqua Gulf Transport, Inc. and JRL Properties, Inc. (the "Plaintiffs"). The Plaintiffs seek to deny the discharge of the debtor, Patricia Lombard (the "Debtor"), pursuant to 11 U.S.C. 727(a)(4)(A), on account of a number of different statements the Debtor made under oath. 1 The Plaintiffs allege that these...
MEMORANDUM OPINION BRUCE A. HARWOOD , Chief Bankruptcy Judge . I. INTRODUCTION The following memorandum is the Court's decision on the merits of plaintiff Robert Browne's ("Browne" or "Plaintiff") complaint against Peter Lombard (the "Debtor"), in which Browne seeks to deny the Debtor's discharge pursuant to 11 U.S.C. 727(a)(4)(A). 1 The Plaintiff's complaint touches on five statements or omissions that the Debtor allegedly made: (1) that he had "no role" in an entity named Patrilom,...
MEMORANDUM OPINION BRUCE A. HARWOOD , Chief Bankruptcy Judge . I. INTRODUCTION The matters before the Court are the "Motion to Dismiss Plaintiffs' [sic] Complaint" 1 (the "Motion to Dismiss") filed by the debtor-defendant Joseph A. Foistner ("Foistner") and the objection thereto 2 filed by the plaintiff Antonia Shelzi ("Shelzi"), as well as Foistner's "Motion For Entry of Judgment, Dismissing Plaintiff's Complaint" 3 (the "Motion for Judgment"). Shelzi commenced the present adversary...
MEMORANDUM OPINION BRUCE A. HARWOOD , Bankruptcy Judge . I. INTRODUCTION The matter before the Court is the "Debtor's Motion and Memorandum to Support Debtor's Motion to Vacate Judgment or Order Due to Fraud, Misrepresentation, or Misconduct by an Opposing Party" 1 (the "Motion to Vacate") filed by the debtor Joseph A. Foistner ("Foistner") and the objection thereto 2 filed by Antonia Shelzi ("Shelzi"). Through the Motion to Vacate, Foistner seeks relief from the Court's order dated...
MEMORANDUM OPINION BRUCE A. HARWOOD , Bankruptcy Judge . I. INTRODUCTION Cheryl Iudice (the "Plaintiff") filed a two-count complaint (Doc. No. 1) (the "Complaint") seeking to except a state court judgment debt owed by Kevin Murphy (the "Defendant") from Murphy's discharge pursuant to 11 U.S.C. 523(a)(2)(A) (Count I) and/or 523(a)(6) (Count II). After being served with the Complaint, the Defendant filed an answer (Doc. No. 6) (the "Answer"). Thereafter, the Plaintiff filed a motion...
MEMORANDUM OPINION BRUCE A. HARWOOD , Bankruptcy Judge . I. INTRODUCTION David Martin ("Martin") and Stephanie Pelley ("Pelley") are parties in a parent and child support action that has been pending in New Hampshire state court (the "State Court") since 2011 (the "State Court Case"). Martin and Pelley have one child together; they never married. After Pelley filed chapter 7 bankruptcy, Martin filed two motions in the State Court Case, each of which Pelley contends violated the automatic...
MEMORANDUM OPINION BRUCE A. HARWOOD , Bankruptcy Judge . I. INTRODUCTION The Debtor Kenneth A. Hatton (the "Debtor") 1 filed an eight count complaint (Doc. No. 1) (the "Complaint") against Defendant TD Bank, N.A. (the "Bank") requesting that the Court (1) enter a declaratory judgment setting the amount of the Bank's secured claim; (2) find that the Bank is liable for breach of contract, violation of the Real Estate Settlement Procedures Act of 1974 ("RESPA"), violation of the Truth in...
MEMORANDUM OPINION BRUCE A. HARWOOD , Bankruptcy Judge . I. INTRODUCTION The matter before the Court is the "Ex Parte Motion to Extend Deadline to Object to Discharge Under 11 U.S.C. 727 or Object to Dischargeability under 11 U.S.C. 523 for Creditor Antonia Shelzi" 1 (the "Present Motion") filed by Antonia Shelzi ("Shelzi") and the objection thereto 2 filed by the debtor Joseph A. Foistner (the "Debtor"). Through the Motion, Shelzi seeks either (1) a nunc pro tunc extension of...
MEMORANDUM OPINION BRUCE A. HARWOOD , Chief Bankruptcy Judge . I. INTRODUCTION The matters before the Court are cross-motions for summary judgment filed by the plaintiff Michael S. Askenaizer, Chapter 7 trustee of the estate of Kenneth Earl Forrester, (the "Trustee") and the defendant Bank of America, N.A. ("BOA"). 1 The question presented by the cross-motions is whether the reference to "Unit 3," rather than "Unit 3 A," in the legal description of the property contained in the mortgage...
MEMORANDUM OPINION BRUCE A. HARWOOD , Chief Bankruptcy Judge . I. INTRODUCTION This proceeding is before the Court on the plaintiff Town of Hampton's (the "Town") complaint (the "Complaint") in which the Town seeks to except from discharge amounts the Rockingham County Superior Court ("Superior Court") awarded in a judgment entered pursuant to N.H. R.S.A. 676:17. 1 The Town contends the judgment amounts are nondischargeable because they fall within the scope of the exception to...
MEMORANDUM OPINION BRUCE A. HARWOOD , Chief Bankruptcy Judge . I. INTRODUCTION The matter before the Court is the Complaint filed by the plaintiff State of New Hampshire Department of Employment Security (the "Department") against the defendant Cynthia J. Hudson (the "Debtor") seeking a determination that her debt for the overpayment of unemployment compensation benefits is excepted from discharge pursuant to 11 U.S.C. 523(a)(2)(A) in light of the Debtor's alleged fraud in seeking...
MEMORANDUM OPINION Bruce A. Harwood , Chief Bankruptcy Judge . I. INTRODUCTION Before the Court is Patricia Lombard's 1 Motion to Dismiss Count II of Amended Complaint 2 and the Motion to Amend Complaint 3 of Robert Browne, Aqua Gulf Transport, and JRL Properties, Inc. 4 In the Motion to Dismiss, the Debtor argues that Count II of the Plaintiffs' complaint should be dismissed for failure to state a claim under Fed. R. Civ. P. 12(b)(6) because the Plaintiffs have failed to state with...
