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Bar News - June 17, 2005 NH Bankruptcy Court Opinion Summaries Note: The full text of the opinions below is available on the Bankruptcy Court’s web site at www.nhb.uscourts.gov: In re San Giovanni, 2005 BNH 014, issued May 13, 2004 (Vaughn, C.J.) (published) Court held that Chapter 13 Debtor may voluntarily dismiss his case when a Chapter 13 trustee’s motion to dismiss or convert was pending because (1) the Debtor’s failure to propose a feasible plan was the basis of the Chapter 13 trustee’s motion, and there were no allegations of fraud, misuse of the bankruptcy system or "extreme circumstances" that would warrant denial of dismissal; and (2) the burden to denial of dismissal under § 1307(b) must be higher than denial of conversion under § 706. In re Gagnon, 2005 BNH 017 (Court discussion and application of weighted average analysis for valuation of real property securing lien in context of 11 USC § 522(f)(2)(A) motion to avoid lien.) |
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