MEMORANDUM OPINION Bruce A. Harwood , Chief Bankruptcy Judge . I. INTRODUCTION The matter before the Court is the chapter 7 trustee's (the "Trustee") adversary complaint, in which the Trustee asserts that creditor June White ("White") recorded, post-petition, a deed on property of the bankruptcy estate in violation of the automatic stay of 11 U.S.C. 362(a), 1 asks the Court to declare the deed void as a matter of law, and seeks compensatory and punitive damages under 362(k), or...
MEMORANDUM OPINION J. Michael Deasy , Bankruptcy Judge . I. INTRODUCTION On January 30, 2012, Khoa D. Nguyen and his wife, Phuonglan T. Nguyen, (collectively "Nguyen") each filed proofs of claim against Ezenia! Inc. (hereinafter the "Debtor" or "Ezenia") (PoC 18 and PoC 17). On August 29, 2012, the Debtor filed an objection to both claims (Bankr. Doc. No. 223) 1 and Nguyen responded (Bankr. Doc. No. 227). Because the resolution of the objection appeared to involve complicated factual...
MEMORANDUM HENRY J. BOROFF , Bankruptcy Judge . Pending before this Court is a complaint (the "Complaint") filed by Tera Xtal Technology Corporation ("TXT") against GT Advanced Technologies Limited ("GTAT Ltd."), one of several debtors in these jointly administered Chapter 11 proceedings (the "Debtors"). In its Complaint, TXT asks this Court to rule that its claim against GTAT Ltd. arising from a monetary award issued in prepetition arbitration proceedings is not merely a general unsecured...
MEMORANDUM OPINION BRUCE A. HARWOOD , Chief Bankruptcy Judge . I. INTRODUCTION Before the Court is an objection to the debtor's homestead exemption (the "Objection"). 1 Creditors Bank of New Hampshire (the "Bank") and Marilyn Richards ("Richards") 2 both allege that the debtor, Noah Weiner (the "Debtor"), and his non-debtor spouse, Ekaterina Ponomareva ("Ponomareva"), abandoned their homestead interest in certain property in Meredith, New Hampshire and moved to Costa Rica, pre-petition....
MEMORANDUM OPINION J. Michael Deasy , Bankruptcy Judge . I. INTRODUCTION Pursuant to the Court's order dated October 8, 2015, approving procedures in connection with the sale of substantially all of the assets of Tempnology, LLC (the "Debtor"), the Debtor conducted an auction on November 5, 2015 (the "Auction"), at which Schleicher & Stebbins Hotels, L.L.C. ("S & S"), the stalking horse bidder, was declared the successful bidder. The Debtor now seeks an order: (i) authorizing the sale...
MEMORANDUM OPINION J. Michael Deasy , Bankruptcy Judge . I. INTRODUCTION The Court has before it the Debtor's objection to proof of claim no. 11 (Doc. No. 56) and her objection to a notice of post-petition mortgage fees, expenses, and charges relating to claim no. 11 (Doc. No. 58) (collectively the "Objections"). St. Mary's Bank is the creditor that filed both claim no. 11 ("POC 11") and the post-petition fee notice (the "Post-Petition Fee Notice"). 1 In this opinion, the Court...
MEMORANDUM HENRY J. BOROFF , Bankruptcy Judge . Before the Court on remand from the United States District Court for the District of New Hampshire (the "District Court") is the Debtors' Motion for Order, Pursuant to Bankruptcy Code Sections 363(b) and 503(c) Approving Debtors' Key Employee Incentive Plan and Key Employee Retention Plan (the "Motion to Approve"), filed by the debtors in possession in these jointly administered Chapter 11 cases (the "Debtors," "GTAT" 2 ). After an...
MEMORANDUM OPINION Bruce A. Harwood , Chief Bankruptcy Judge . I. INTRODUCTION The Court has before it the Joint Motion for Summary Judgment (Doc. No. 43) (the "Motion") filed by the plaintiffs, the chapter 7 trustee (the "Trustee") and Woodsville Guaranty Savings Bank (the "Bank"). In the Motion, the Trustee and Bank request summary judgment on the only count of the complaint, which seeks turnover of certain payments to be made to debtor Linda Millette, pursuant to a final decree of...
MEMORANDUM OPINION BRUCE A. HARWOOD , Chief Bankruptcy Judge . I. INTRODUCTION The Court has before it the Motion to Determine Secured Status and Void Wholly Unsecured Lien Under 11 U.S.C. 1322(b)(2) and 506(a) (Doc. No. 23) (the "Motion") filed by David Harry Robinson, Sr. and Kathleen Frances Robinson, the debtors in the above-captioned chapter 13 proceeding (the "Debtors"), through which they seek to void the second mortgage lien held by Merrimack Valley Federal Credit Union (the "...
MEMORANDUM OPINION BRUCE A. HARWOOD , Bankruptcy Judge . I. INTRODUCTION Dendra L. Abdinoor (the "Debtor" or "Plaintiff") filed a complaint under 11 U.S.C. 523(a)(8) seeking to discharge her student loan debt. The Debtor borrowed money from numerous lenders in order to fund her college education. The promissory notes are currently held and/or serviced by the Defendants, Navient Solutions, Inc. ("Navient"); Granite State Management & Resources and New Hampshire Higher Education Loan...
