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...
MEMORANDUM OPINION BRUCE A. HARWOOD , Chief Bankruptcy Judge . I. INTRODUCTION The matter before the Court is the complaint filed by the plaintiff Dee P. Genetti ("Genetti") against the defendant Brian J. Brazil (the "Debtor"). Genetti seeks a determination that a debt owed to her by the Debtor is excepted from discharge pursuant 11 U.S.C. 523(a)(2)(A). 1 On April 12, 2017, the Court entered partial summary judgment in favor of Genetti, concluding that the undisputed facts established...
MEMORANDUM OPINION BRUCE A. HARWOOD , Chief Bankruptcy Judge . I. INTRODUCTION David Martin ("Martin" or the "Plaintiff") filed a two-count complaint (Doc. No. 1) (the "Complaint") against Stephanie Pelley ("Pelley" or the "Defendant") seeking to except a debt from discharge pursuant to 11 U.S.C. 523(a)(5) and (a)(15). The parties filed cross-motions for summary judgment (Doc. Nos. 23 and 24) (the "Motions"), and the Court took those Motions under advisement after a hearing. This Court...
MEMORANDUM OPINION J. MICHAEL DEASY , Bankruptcy Judge . I. INTRODUCTION The matters before the Court are the "Trustee's Objection to Debtor's Claim of Exemption Pursuant to 11 U.S.C. 522(b)" 1 filed Michael S. Askenaizer (the "Trustee"), Chapter 7 trustee of the estate of Edward Charles Furlong, III, the "Objection of the Town of Bartlett to Debtor's Claim of Homestead Exemption Pursuant to N.H. RSA 480:1" 2 (collectively with the Trustee's objection, the "Objections") filed by the...
This is an unreported opinion. Refer to LBR 1050-1 regarding citation. MEMORANDUM OPINION J. MICHAEL DEASY , Bankruptcy Judge . I. INTRODUCTION The matter before the Court is the "Debtor's Motion for Contempt and Sanctions for Violation of Order Confirming Chapter 13 Plan and 11 U.S.C. 362, 524(i)" 1 (the "Motion for Contempt") filed by Michael S. Franklin (the "Debtor") and the objection thereto 2 filed by the United States Department of Agriculture, Rural Development (the "USDA")....
MEMORANDUM OPINION Bruce A. Harwood, Chief Bankruptcy Judge . I. INTRODUCTION The matter before the Court is the "Motion to Alter or Amend Judgment Under Rule 9023 As It Incorporates Rule 59(e)" 1 (the "Motion") filed by the debtor Hanish, LLC (the "Debtor") and the objection thereto 2 (the "Objection") filed by creditor Phoenix REO, LLC ("Phoenix). Through the Motion, the Debtor seeks reconsideration of the Court's order dated May 31, 2017, denying approval of the "Debtor-in-Possession'...
MEMORANDUM OPINION J. Michael Deasy , Bankruptcy Judge . I. INTRODUCTION Randall and Sharon Todt (the "Debtors") filed for chapter 7 bankruptcy relief in 2011 and received their bankruptcy discharges in 2012. After their bankruptcy case was closed, the Debtors continued to receive monthly statements from their mortgage servicer indicating their mortgage was past due. The mortgage on their home was eventually foreclosed in 2013. The Debtors received several additional communications from...
MEMORANDUM OPINION Bruce A. Harwood , Bankruptcy Judge . I. INTRODUCTION The matter before the Court is the Complaint filed by Edmond J. Ford (the "Trustee"), Chapter 7 trustee of the estate of Kathleen M. Duggan (the "Debtor"), to sell certain real estate in Malden, Massachusetts free and clear of the interests of the co-owners pursuant to 11 U.S.C. 363(h). The co-owners, James B. Duggan and William J. Duggan (collectively, the "Defendants"), oppose the sale, arguing that the...
MEMORANDUM OPINION J. MICHAEL DEASY , Bankruptcy Judge . I. INTRODUCTION On March 22, 2017, Olga L. Gordon, the chapter 7 trustee for the above-captioned bankruptcy case (the "Trustee"), filed a Motion for Sale or Other Disposition of Patent Assets (Doc. No. 103) (the "Motion"). The Motion was filed pursuant to the terms of a Stipulation Concerning Patent Rights (Doc. No. 99) (the "Stipulation"), which the Court approved on March 21, 2017 (Doc. No. 101). Through the Motion, the Trustee...
MEMORANDUM OPINION BRUCE A. HARWOOD , Bankruptcy Judge . I. INTRODUCTION Before the Court is the Plaintiffs' Motion for Default Judgement (Doc. No. 8) (the "Motion"). The Plaintiffs are Lori and Lawrence Robbins ("Robbinses"), who claim in their two count complaint that the Defendant ("Jock Oil") continued to send them monthly collection notices after they had filed their bankruptcy petition and after they had received their chapter 7 discharge. On account of Jock Oil's conduct, the...
MEMORANDUM OPINION J. MICHAEL DEASY , Bankruptcy Judge . I. INTRODUCTION Debtors David and Christina Wood (the "Debtors") filed a chapter 13 bankruptcy petition on May 4, 2016. Thereafter, they filed a Motion to Determine Secured Status and Void Wholly Unsecured Lien of CitiMortgage, Inc. (Doc. No. 35) (the "Motion"). In the Motion, the Debtors seek a determination pursuant to 11 U.S.C. 506(a) and 1322(b)(2) that the claim filed by CitiMortgage, Inc. ("CitiMortgage" or the "Creditor")...
Note: This is an unreported opinion. Refer to LBR 1050-1 regarding citation. MEMORANDUM OPINION BRUCE A. HARWOOD , Chief Bankruptcy Judge . I. INTRODUCTION Holly Kirk ("Kirk" or the "Plaintiff") filed a complaint (Doc. No. 1) (the "Bankruptcy Complaint"), which seeks in part to except from discharge pursuant to 11 U.S.C. 523(a)(2)(A) and/or (a)(6) a debt she alleges David Burrows ("Burrows" or the "Defendant" or the "Debtor") owes her arising from her employment as a sales consultant...
MEMORANDUM OPINION BRUCE A. HARWOOD , Chief Bankruptcy Judge . I. INTRODUCTION The Court approved a sale of substantially all of the assets of American Resource Staffing Network, Inc. (the "Debtor") 1 to Wicked Staffing Solutions, LLC ("WSS" or the "Buyer") on December 15, 2014 (Doc. No. 191) (the "Sale Order"). Some twenty months later, the Buyer filed a motion with the Court entitled "Motion of Wicked Staffing Solutions, LLC to Enforce Order On Debtor's Motion to Sell Certain Assets...
