MEMORANDUM OPINION BRUCE A. HARWOOD, Bankruptcy Judge. I. INTRODUCTION The Court has before it the cross-motions for summary judgment of the Plaintiff, John Gray and the Defendant, Diane Tacason. Tacason seeks summary judgment on all remaining counts of the complaint, while Gray only asks for summary judgment on Count X. For the reasons set forth below the Court shall grant Tacason summary judgment on Counts II, III, IV, and VIII, and shall grant Gray summary judgment on Count X. This...
MEMORANDUM OPINION J. MICHAEL DEASY, Bankruptcy Judge. I. INTRODUCTION This matter is before the Court on creditor St. Mary's Bank's Motion to Dismiss, for in rem Relief, and for Appropriate Sanctions (Doc. No. 23) (the "Motion"). The Motion requests the following: (1) dismissal of the Debtor's case pursuant to 11 U.S.C. 1 1307(c) for a bad faith filing; (2) dismissal of the Debtor's case with prejudice for a period of 180 days pursuant to 109(g) and 349(a); (3) permanent in rem...
MEMORANDUM OPINION BRUCE A. HARWOOD, Bankruptcy Judge. Before the Court is creditor Haley Charest's Objection to Exemption (the "Objection"). In the Objection, Charest (the "Creditor") objects to debtor Joseph Iodice (the "Debtor") exempting as homestead property two parcels of real property under RSA 480:1. The Debtor has conceded that one of the claimed parcels is not exempt, 1 but otherwise opposes the Objection, continuing to claim as exempt the other parcel. For the reasons set forth...
MEMORANDUM OPINION BRUCE A. HARWOOD, Bankruptcy Judge. For the second time, the plaintiff's Motion for Summary Judgment (Doc. 11) 1 (the "Motion") is before the Court. In the Motion, the plaintiff, Joy Ruma (the "Plaintiff"), seeks summary judgment on her claim to except from the discharge, pursuant to 11 U.S.C. 523(a)(6), a judgment for wrongful eviction obtained in New Hampshire state court. The debtor, Theoginis Kehaias (the "Debtor"), has objected to the Motion. For the reasons set...
MEMORANDUM OPINION J. MICHAEL DEASY, Bankruptcy Judge. I. INTRODUCTION This matter is before the Court on creditor St. Mary's Bank's Motion to Dismiss, for in rem Relief, and for Appropriate Sanctions (Doc. No. 23) (the "Motion"). The Motion requests the following: (1) dismissal of the Debtor's case pursuant to 11 U.S.C. 1 1307(c) for a bad faith filing; (2) dismissal of the Debtor's case with prejudice for a period of 180 days pursuant to 109(g) and 349(a); (3) permanent in rem...
MEMORANDUM OPINION J. MICHAEL DEASY, Bankruptcy Judge. I. INTRODUCTION This matter is before the Court on the Amended Complaint (Doc. No. 17) (the "Complaint") of William J. Blanchard (the "Debtor" or "Plaintiff") against New Hampshire Higher Education Assistance Foundation (the "Defendant"). The Complaint requests that the Court enter relief in favor of the Plaintiff, pursuant to 523(a)(8) of the Bankruptcy Code, and declare that the Defendant's claims — which are on account of...
ORDER BRUCE A. HARWOOD, Bankruptcy Judge. In this adversary proceeding. Kevin M. Manning (the "Debtor" or "Plaintiff") seeks a determination that CitiMortgage, Inc. (the "Defendant") is liable for violating the discharge injunction contained in 11 U.S.C. 524(a)(2). Before the Court are the Plaintiff's Motion for Partial Summary Judgment (Doc No. 36) (the "Plaintiff's Motion") and the Defendant Citi-Mortgage, Inc.'s Opposition to Plaintiff's Motion for Partial Summary Judgment and Cross...
MEMORANDUM OPINION BRUCE A. HARWOOD, Bankruptcy Judge. I. INTRODUCTION On March 13, 2013, Ellen Bridget Stone (the "Debtor") commenced this adversary proceeding, alleging that Highlands Fuel Delivery, LLC, d/b/a Irving Energy Distribution and Marketing ("Highlands") violated the discharge injunction imposed by 11 U.S.C. 524(a). Specifically, the Debtor alleges that Highlands's action in not affirmatively withdrawing its pre-petition motion for periodic payments in a pending state court...
