Chief Judge Vaughn 2003 Opinions

Date Opinion Summary
11/25/03 In re Micro-Precision Technologies, Inc., 303 B.R. 238 (Bankr. D.N.H. 2003)  (denying the United States Small Business Administration’s (the “SBA’s”) Motion for Disallowance of H.F. Huang’s Claim No. 4 pursuant to 11 U.S.C. § 502(b)(1) or, in the Alternative, for Recharacterization of the Huang Claim as a Junior Preferred Equity Interest pursuant to § 105, overruling in part and sustaining in part the Debtor’s Objection to the SBA’s Claim No. 3, and directing the SBA to file an amended proof of claim clarifying the amount it is owed). 
11/24/03 Soto v. Lanoue (In re Soto), 302 B.R. 757 (Bankr. D.N.H. 2003) (denying the Debtor’s request for an award of damages and attorney’s fees pursuant to 11 U.S.C. § 362(h), finding that although the Defendant’s action of going to the police department to get the trailer back was taken in violation of the automatic stay, the Debtor failed to prove that the action was willful because the Defendant did not have notice of the stay when he took the action. 
11/21/03 Bezanson v. Thomas (In re R & R Assocs. of Hampton), 2003 BNH 036 (On remand, denying the allegation of Count II,  finding that the Defendants who represented both the general partners of the Debtor and the Debtor under Chapter 11, whose case subsequently converted to Chapter 7, did not breach their fiduciary duty and that the Defendants’ legal representation of the Debtor was not negligent).
06/16/03 Hamilton v. Hemar (In re Hamilton), 2003 BNH 014 (applying the three-part test of In re Brunner and denying the Debtor’s complaint to discharge her educational loans with The Educational Resource, Inc. pursuant to 11 U.S.C. § 523(a)(8) because the Debtor did not demonstrate that her current inability to repay will continue for a significant portion of the repayment period).
04/11/03 Peterson v. Peterson (In re Peterson), 292 B.R. 228 (Bankr. D.N.H. 2003) (finding that the Debtor’s obligations to his ex-spouse for (1) child support, (2) uninsured medical expenses, (3) educational expenses, and (4) attorney’s fees incurred in connection with the ex-spouse’s efforts to collect alimony, maintenance, and child support from the Debtor are excepted from discharge pursuant to 11 U.S.C. § 523(a)(5)).
03/27/03 Premier Capital v. Diamond (In re Diamond), 2003 BNH 008 (denying the Plaintiff’s six count complaint seeking to deny the Debtor’s discharge pursuant to 11 U.S.C. § 727(a)(2)(A) and (4), holding that the requisite intent to hinder, delay or defraud a creditor could not be inferred from the facts and circumstances of the case and that the omissions and discrepancies in the bankruptcy schedules were not knowingly and fraudulently made false oaths).
02/26/03 Sangi v. San Giovanni (In re San Giovanni), 289 B.R. 516 (Bankr. D.N.H. 2003) (finding Debtor’s obligations to his ex-spouse to be in the nature of alimony, maintenance, or support and therefore excepted from discharge pursuant to 11 U.S.C. § 523(a)(5)).
01/31/03 Bezanson v. Thomas (In re R & R Assocs. of Hampton), 2003 BNH 003 (directing defendants Attorney Thomas J. Thomas, Jr., individually, and Thomas & Utel, and its successors to disgorge $19,108.30 and denying all other counts of the Trustee’s complaints) [Note- duplicate opinions issued in: Bezanson v. Thomas, et al.  Adv. No 98-1090-MWV, Adv. No 98-1136-MWV, & Adv. No 98-1174-MWV]. 
01/14/03 Schlosser v. Garofalo (In re Garofalo), 2003 BNH 001 (denying the Plaintiffs' nondischargeability complaints because they did not meet their burden of proof under 11 U.S.C. § 523(a)(2)(A); additionally, the traditional factors relating to piercing the corporate veil were not present) [Note- duplicate opinions issued in:  Rutter v. Garofalo, Adv. No. 01-1106-MWV;  Evans v. Garofalo, Adv. No. 01-1108-MWV;  Weithman v. Garofalo, Adv. No. 01-1109-MWV;  Kuck v. Garofalo, Adv. No. 01-1112-MWV; & Weithman v. Garofalo, Adv. No. 01-1113-MWV].