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...
