Bar News - March 23, 2007
NH Bankruptcy Court Opinion Summaries
Note: The full text of the opinions below are available on the Bankruptcy Court’s web site at www.nhb.uscourts.gov:
Flanagan v. Howard (In re Howard), 2007 BNH 012, issued 2/7/07 (Vaughn, C.J.) (not published) ((judgment for the debtor/defendant because plaintiff failed to prove any of her 11 U.S.C. §§ 523 (seeking to except certain debts from discharge) and 727 (seeking to deny discharge altogether) claims by a preponderance of the evidence).
Smith v. George (In re RCK Modular Homes Systems, Inc.) and Smith v. George (In re Kostandin), 2007 BNH 013, issued 2/9/07 (Vaughn, C.J.) (not published) (plaintiff/trustee’s complaints survive defendants’ motions to dismiss because (1) at least at this point, the trustee appears to have standing to pursue malpractice and fraud claims, (2) the trustee has pled sufficient facts to allege fraudulent transfer based on a constructive fraud theory, and (3) there are no grounds to dismiss the count for breach of contract).