Legal Opinion

State of New Hampshire v. McGrahan

Bankruptcy Appellate Panel of the First Circuit

Decided December 7, 2011No. BAP No. NH 11-033; Bankruptcy No. 09-13578-JMDPublishedCited by 4 opinions

1Opinion of the Court

HOFFMAN, Bankruptcy Judge.

The State of New Hampshire Department of Health and Human Services (“DHHS” or the “State”)1 appeals from the bankruptcy court’s April 22, 2011 order granting the amended motion of the debtor, Robert S. McGrahan, to modify his confirmed chapter 13 plan pursuant to Bankruptcy Code § 1329.2 In the modified plan, the debtor sought to reduce the amount of DHHS’s claim for unpaid child support obligations to account for certain federal income tax refunds of the debtor seized by DHHS after plan confirmation. The bankruptcy court interpreted the modified plan, which provided…

2Cases cited24 opinions

  1. Arizona v. CaliforniaSupreme Court of the United States · 1983
  2. United Student Aid Funds, Inc. v. EspinosaSupreme Court of the United States · 2010
  3. Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
  4. Harlow v. Children's HospitalCourt of Appeals for the First Circuit · 2005
  5. Boylan v. George E. Bumpus, Jr. Construction Co. (In Re George E. Bumpus, Jr. Construction Co.)Bankruptcy Appellate Panel of the First Circuit · 1998

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3Cited by4 opinions

  1. In re GalindezUnited States Bankruptcy Court, D. Puerto Rico · 2014
  2. In RE McGRAHANBankruptcy Appellate Panel of the First Circuit · 2011
  3. Pawtucket Credit Union v. BoyajianBankruptcy Appellate Panel of the First Circuit · 2015
  4. Wilfredo Valdes Morales v. EMI Equity Mortgage Inc.United States Bankruptcy Court, D. Puerto Rico · 2019

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