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Bar News - January 20, 2006


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:


183. 01-04-06 Chappell v. United States Department of Agriculture Rural Housing (In re Chappell), 2006 BNH 001 (Deasy,J.) (granting partial summary judgment because the recording of an abstract of judgment under 28 U.S.C. § 3201 attached to a debtor’s beneficial interest in real property held by a trust created by the debtor’s mother where under New Hampshire law the debtor’s beneficial interest was vested, was subject to attachment and was not protected by a spendthrift provision).

 

In re Amherst Techs., LLC, 2006 BNH 002, issued Jan. 5, 2006 (Deasy, J.) (published) (resolving a disputed chapter 7 trustee election in eleven jointly administered cases pursuant to the terms of 11 U.S.C. § 702 and Fed. R. Bankr. P. 2003, 2006, and 2009 and concluding that one of the creditors who requested the election was not qualified to do so or to vote in the election as the creditor had an interest materially adverse to other unsecured creditors based upon the creditor’s apparent receipt of preferential transfers totaling more than $4 million).

 

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