Bar News - May 5, 2006
US. Bankruptcy Court Opinion Summaries
In re Raymond, 2006 BNH 016 (Deasy, J.) (finding the filer was ineligible to be a debtor in a bankruptcy proceeding pursuant to 11 U.S.C. § 109(h)(1) and failed to establish exigent circumstances under 11 U.S.C. § 109(h)(3)).
3-29-06 In re Merrill, 2006 BNH 012, issued 3/29/06 (Vaughn, C.J.) (published) (denying motion to dismiss bankruptcy case pursuant to 11 U.S.C. § 521(e), as amended by BAPCPA, holding that debtor’s failure to provide tax return within seven days of the meeting of the creditors was beyond the debtor’s control; that the proper year’s tax return to be provided is the return that satisfies both criteria of section 521(e)(2)(A)(i); and that when an administrative order conflicts with a Code section, the Code section prevails).
4-6-06 Askenaizer v. Wyatt (In re BeaconVision Incorporated), 2006 BNH 013, issued 4/6/06 (Vaughn, C.J.) (published)(denying summary judgment motions of both parties, holding (1) that transfer is avoidable under section 548 because funds acquired by debtor through stock sale for the purpose of securing a loan constituted an “interest of the debtor in property;” (2) more details of the transfer are necessary before determining which party to the transfer was the “initial transferee” for purposes of section 550; and (3) more details of the transfer are necessary before determining whether the defendant is liable for conversion under New Hampshire state law).
4-10-06 In re Whispering Pines Estate, Inc. 2006 BNH 014, issued 4/10/06 (Vaughn, C.J.) (published) (debtor’s eighty-nine room hotel is not “single asset real estate” as defined in 11 U.S.C. § 101(51B)).
4-10-06 In re Newfound Lake Marina, Inc., 2006 BNH 015, issued 4/10/06 (Vaughn, C.J.) (unpublished) (lender’s summary judgment motion denied because the court’s determination of the amount of lender’s allowed claim is more than a matter of contract interpretation, as outstanding factual issues exist).
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