Legal Opinion

Arsenault v. Realty Funding Corp. (In re Arsenault)

United States Bankruptcy Court, D. New Hampshire

Decided June 30, 1995No. Bankruptcy No. 93-3060-JEY; Adv. No. 93-1174-JEYPublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION

JAMES E. YACOS, Chief Judge.

Maryrose Arsenault, the debtor in this case, filed this adversary proceeding to void the second mortgage loan owed to the defendant due to violation of various New Hampshire consumer protection statutes. The Court ruled on some of the issues on cross motions for summary judgment (Court Doc. No. 20) and the remaining issues after a one day trial. (Court Doc. No. 24). At the conclusion of the trial, the Court made its findings of facts and rulings of law which are hereby incorporated by reference.

To briefly summarize, in September, 1988 Maryrose…

2Cases cited19 opinions

  1. Town Planning & Engineering Associates, Inc. v. Amesbury Specialty Co.Massachusetts Supreme Judicial Court · 1976
  2. Edward v. IoorMichigan Supreme Court · 1919
  3. Nussenbaum v. Chambers & Chambers Inc.Massachusetts Supreme Judicial Court · 1948
  4. American Home Improvement, Inc. v. MacIverSupreme Court of New Hampshire · 1964
  5. DeCato Bros. v. Westinghouse Credit Corp.Supreme Court of New Hampshire · 1987

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3Cited by2 opinions

  1. Holoka v. Deutsche Bank National Trust Co. ex rel. Harborview Mortgage Loan Pass Through Certificates (In re Holoka)United States Bankruptcy Court, N.D. Florida · 2014
  2. Comtois v. MAK Investments, LLC (In Re Comtois)United States Bankruptcy Court, D. New Hampshire · 2007

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