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Bar News - June 23, 2006

US Bankruptcy Court Opinion Summaries


Note: The full text of the opinions below will be available on the Bankruptcy Court’s web site at <>.


In re Reardon, 2006 BNH 021, issued May 24, 2006 (Deasy, J.) (not published) (denying a motion to approve a reaffirmation agreement under 11 U.S.C. § 524 where the reaffirmation agreement (1) failed to clearly identify the creditor who was entering into the reaffirmation agreement and the creditor’s address, and (2) failed to have attached to it the evidence required by AO 4008-1(b)(2) that would establish that the creditor entering into the reaffirmation agreement was in fact the holder of a claim against the debtor and possessed a security interest in the collateral described in the reaffirmation agreement).


In re Robotic Sys., Inc., 2006 BNH 023, issued May 26, 2006 (Deasy, J.) (published) (converting a creditor’s objections to final fee applications, which raised issues of malpractice and fraud by chapter 11 professionals in cases converted to chapter 7, into adversary proceedings in accordance with FRBP 3007 and the First Circuit’s decision in Iannochino v. Rodolakis (In re Iannochino), 242 F.3d 36 (1st Cir. 2001)).


In re Kibbe, 2006 BNH 017, issued 4/14/06 (Vaughn, C.J.) (unpublished) (holding that in a below median, Chapter 13 case governed by BAPCPA, “projected disposable income,” as used in section 1325(b)(1)(B), is based on a debtor’s current income and expenses as reflected on Schedules I and J).


In re Gaudette, 2006 BNH 022, issued 5/26/06 (Vaughn, C.J.) (unpublished) (modifying fee arrangement and awarding trustee’s counsel twenty-five percent of funds held in escrow as well as a contingency fee for any further awards in the R&R Associates of Hampton case, and ordering trustee to release the escrowed funds).


In re Desmond, 2006 BNH 008, issued 2/28/06 (Vaughn, C.J.) (unpublished) (granting relief from the automatic stay because there is no equity in the property, and concluding, for the purposes of the motion for relief, that the movant is owed $2,564,512 on its mortgages and security interests in the property, plus attorneys’ fees of $47,327.08 and foreclosure costs of $2,011.41)


Robert Wolfe Assocs. v. Desmond (In re Desmond), 2006 BNH 009, issued 3/2/06 (Vaughn, C.J.) (unpublished) (denying Plaintiff’s motion for partial summary judgment because a mortgage discharge did not relieve the Plaintiff of the underlying obligations and because material issues of fact exist as to the obligations).


Desmond v. ASR Acquisition Corp. (In re Desmond) AND Robert Wolfe Assocs., P.C. v. Desmond (In re Desmond), 2006 BNH 020, issued 5/17/06 (Vaughn, C.J.) (unpublished) (granting the Chapter 7 trustee’s motion to compromise with defendant and settle adversary proceeding and granting the trustee’s motion to abandon real and personal property in which the defendant holds a security interest).

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