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Ford, McDonald & Borden, P.A.
Ford, McDonald & Borden, P.A.
603-373-1600

Experience – Transparency – Professionalism – Tenacity

Significant Reported Cases

American Dawn Inc. v. Dennis Kim, 215-2018-CV-00359 (NH Superior Court 2019), Counsel to Defendant

American Dawn brought suit against Dennis Kim, claiming he personally guaranteed an extension of credit or loan from American Dawn to Sterling’s Services, LLC, on which Sterling defaulted. The Court entered judgement in favor of the Defendant, and concluded that Kim signed the credit application on behalf of the company, not as a personal guarantor.

Full Decision

Patrick M. McAvoy, ESQ et al v. 4150 Estero LLC, 212-2017-CV-00100 (NH Superior Court 2019), Counsel to Plaintiff

Plaintiff Patrick McAvoy, Esq., special personal representative of the probate estate of Margaret A. Funai, sought injunctive relief and an accounting for redemption of real property sold by levy of execution. 4150 Estero argued the Plaintiffs failed to redeem the property within one year of the date of sale. The Court entered judgement in favor of the Plaintiff.

Full Decision

Camden National Bank v. Greystone Select Holdings, LLC, (17-CV-272-JL), Counsel to Defendant

This case involves a dispute over the terms of a loan guaranty. Plaintiff claims that Defendant, which guaranteed a loan Plaintiff made to third party, breached its contractual obligation and was unjustly enriched when it refused to pay Plaintiff a contractually-required sum following borrower’s bankruptcy.

Full Decision

In Re Duggan, (Bankr. D.N.H. 2017), Trustee

Trustee filed complaint for determination that he was entitled to sell real property that debtor jointly owned with his two brothers, rather than just debtor’s one-third interest therein. Court entered judgement in favor of Trustee, concluding that he is entitled to sell the property free and clear of the ownership interests of the Defendants.

Full Decision

Cornell, Trustee for Pellerin v. Bank of America, N.A., et al. 2015 BNH 001, (Bankr. D.N.H. 2015), Counsel for the Plaintiff

Mortgage did not comply with the URAA and was not properly recorded as it contained a defective acknowledgment and could not give constructive notice to a lien creditor, like the Trustee.

Full Decision

Bielagus v. Scanlan, 216-2014-CV-752, (NH Super. Ct. 2015) Counsel to Defendant

Court declines to address requests for findings of fact. Plaintiff’s argument about marketability defeats their own argument to retain an individual interest.

Full Decision

Abdinoor v. Navient Solutions, Inc., Granite State Management & Resources, Affiliated Computer Services, New Hampshire Higher Education Loan Corporation, and U.S. Department of Education, 2015 BNH 006, (Bankr. B.N.H. 2015), Counsel to Defendant Navient Solutions, Inc.

A student loan case in which the borrower claims paying the debt would cause “undue hardship” under § 523(a)(8). Court finds the prospects of income will increase in the future and the loan debt should not be discharged.

Full Decision

Other Cases:

  • Levesque v The Maroon Group, LLC, et al, 216-2010-EQ-00137, (NH Super. Ct. 2014) Counsel to Defendant.

  • State of New Hampshire v Philip Morris USA, Inc and another, 155 N.H. 598, (NH Supreme Ct. 2007), Counsel to Defendant.

  • Clare v. Lewis, 218-2013-CV-00687 (NH Super. Ct. 2013), Counsel to Plaintiff.

  • Mudge v. Bank of America, 2013 U.S. Dist. LEXIS 165018 (Nov. 20, 2013), Counsel to secured creditor.

  • In Re: Moultonborough Hotel Group, LLC, 2013 U.S. App. LEXIS 14546 (1st Cir. July 18, 2013), Local counsel to secured creditor.

  • In Re: PM Cross, LLC, 2013 BNH 4, 2013 Bankr. LEXIS 2508 (June 21, 2013), Counsel to secured creditor.

  • Deutsche Bank National Trust Company, Trustee for Long Beach Mortgage Loan Trust 2006-5 v. Alia Fadili, Stewart Title Company and Stewart Title Guaranty Company, 09-cv-385-LM, US District Court, NH (2011).

  • In re: Gerard D. Scannell, 453 B.R. 36 (Bankr.D.N.H. 2011), Counsel to Debtor.

  • In re: Samuel J. Bourne v. Stewart Title Guarantee Company, 09-CV-00270-PB, U.S. District Court, NH (2011), Counsel for the Defendant.

  • Notinger, Trustee for Zsofka v Zsofka, 2010 BNH 013, (Bankr. B.N.H. 2010), Counsel to Plaintiff.

  • Moses v Granite State Management and Resources, American Education Services, Franklin Pierce Law Center, and The Education Resource Institute, 2009 BNH 038, (Bankr. B.N.H. 2009), Counsel to Defendant The Education Resource Institute.

  • Ford v. Fed. Home Loan Mortg. Corp. (In re: Bishop), 2009 BNH 20; 2009 Bankr. Lexis 2264 (Bankr. D.N.H. 2009), Counsel to the Trustee Plaintiff.

  • In re: Zenus Is Jewelry, Inc., 378 B.R. 432  (Bankr. D.N.H., 2007), Counsel for the secured creditor.

  • Sexton v. Executive Risk Indemnity, Inc., 2007 WL 2783385 (D.N.H., 2007), Counsel for the Plaintiff.

  • McDaniel v. Skillsoft Corp., 2007 WL 2325220 (D.N.H., 2007), Counsel for the Trustee.

  • In re: Felt Manufacturing Inc., Official Committee of Unsecured Creditors v. Foss, 371 B.R. 589  (Bankr. D.N.H. 2007), Counsel to a Defendant.

  • In re: Harris, Askenaizer v. Harris, 2007 WL 1672643 (Bankr. D.N.H., 2007), Counsel to the Trustee.

  • In re: Skorich, Ford v. Skorich,  482 F.3d 21, (1st Cir., 2007),  Counsel for the Trustee.

  • State of New Hampshire v Philip Morris USA, Inc and another, 155 N.H. 598, (NH Supreme Ct. 2007), Counsel to Defendant.