Bar News - September 9, 2005
NH Bankruptcy Court Opinion Summaries
Note: The full text of the opinion below is available on the Bankruptcy Court’s web site at <www.nhb.uscourts.gov>:
In re Latitudes, 2005 BNH 024, issued July 21, 2005 (Vaughn, C.J.), not published.
Court denies the Debtor’s motion to assume the unexpired lease of nonresidential real estate because (1) the proposed twelve month cure period is not “prompt” within the meaning of § 365(b)(1) under the facts of this case; and (2) the Debtor failed to offer any evidence that it will be able to make the rent payments.
In re LaBonte, 2005 BNH 025, issued July 26, 2005 (Vaughn, C.J.), published.
Court grants the Debtor’s request for amendment of schedules to increase the value of her homestead exemption and overrules the trustee’s objection, finding that (1) RSA 477:44-IV clearly provides that a security interest created by Article 9 security agreement is subject to homestead rights unless such homestead rights are not waived; and (2) the instrument by which the Debtor transferred a security interest is a purchase money security agreement, but not a purchase money mortgage, which is excepted from the homestead exemption.
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