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Bar News - May 18, 2007


NH Bankruptcy Court Opinion Summary

 

Note: The full text of the opinion below is available on the Bankruptcy Court’s web site at www.nhb.uscourts.gov


Askenaizer v. May, (In re Jewett), 2007 BNH 018, issued 5/2/07 (Deasy, J.) (unpublished) (finding that the debtor’s prepetition transfer of real property to a third party within 90 days before filing bankruptcy could not be avoided by the Trustee under § 548(a)(1)(B) because at the time of the transfer the debtor held that property in a resulting trust, as defined by New Hampshire state law, in favor of the third party and, therefore, the property could not become property of the estate because the debtor held only legal title but had no equitable interest.)

 

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