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Bar News - September 7, 2007

NH Bankruptcy Court Opinion Summaries


Note: The full text of the opinion below will be available on the Bankruptcy Court’s web site at


In re Stevens, 2007 BNH 028, issued August 9, 2007 (Deasy, J) (published) (a debtor’s statutory right under NH RSA 80:89 to repurchase real property after the recording of a tax deed to a town is a property interest which becomes property of the estate so long as the debtor files a bankruptcy petition before the right to repurchase expires; notwithstanding applicable state law, a chapter 13 debtor may pay the repurchase price for their principal residence over the term of a confirmed chapter 13 plan.)


LaCarubba v. Mooney (In re Mooney), 2007 BNH 029, issued August 17, 2007 (Deasy, J) (unpublished) (plaintiff failed to prove, by a preponderance of the evidence, that (1) the defendant/debtor’s obligation to the plaintiff should be excepted from discharge under §§ 523(a)(4) or (a)(6); and (2) the defendant/debtor should be denied a discharge under §§ 727(a)(4)(A) or (a)(7)).


In re Dubravsky, 2007 BNH 030, issued August 20, 2007 (Deasy, J) (unpublished) (overruling the trustee’s objection to the debtor’s claim of homestead exemption under NH RSA 480:1 even though the debtor no longer lived in her former residence in Maine and had not for more than two years because the debtor’s absence, although permanent, was the result of a divorce decree, which incorporated a stipulation between the spouses, that required the debtor to surrender her interest in the residence in return for a one-half interest in the net sale proceeds upon sale of the residence under the terms of the decree).


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