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Bar News - September 21, 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 http://www.nhb.uscourts.gov/.

 

Notinger v. Costa (In re Robotic Vision Sys., Inc.), 2007 BNH 031, issued August 30, 2007 (Deasy, J.) (published) (denying in substantial part under FRCP 12(b)(6) the defendants’ motions to dismiss the trustee’s claims for breaches of an officer’s and several directors’ fiduciary duties because the trustee’s complaint set forth a plausible basis for relief and the defenses under the Delaware business judgment rule and the exculpatory provision in the debtor’s corporate charter were not established with certitude).

 

In re Wyatt, 2007 BNH 026, decided 7/20/07 (Vaughn, C.J.) (published) (granting relief from the stay for the limited purpose of determining the existence and extent of any insurance coverage but declining to rule on the full extent of the trustee’s motion for relief to collect insurance proceeds from the debtor’s insurer).

 

In re Jones, 2007 BNH 033, issued Sept. 7, 2007 (Deasy, J.) (published) (overruling the chapter 13 trustee’s objection to confirmation of the debtor’s plan under 11 U.S.C. § 1325(b), despite the “above median” debtor failing to pay all of his projected disposable income during each month of the plan, because the debtor’s plan provided for payment of all allowed unsecured claims in full as permitted by 11 U.S.C. § 1325(b)(1)(A)).

 

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

 

Notinger v. Costa (In re Robotic Vision Sys., Inc.), 2007 BNH 031, issued August 30, 2007 (Deasy, J.) (published) (denying in substantial part under FRCP 12(b)(6) the defendants’ motions to dismiss the trustee’s claims for breaches of an officer’s and several directors’ fiduciary duties because the trustee’s complaint set forth a plausible basis for relief and the defenses under the Delaware business judgment rule and the exculpatory provision in the debtor’s corporate charter were not established with certitude).

 

In re Wyatt, 2007 BNH 026, decided 7/20/07 (Vaughn, C.J.) (published) (granting relief from the stay for the limited purpose of determining the existence and extent of any insurance coverage but declining to rule on the full extent of the trustee’s motion for relief to collect insurance proceeds from the debtor’s insurer).

 

In re Jones, 2007 BNH 033, issued Sept. 7, 2007 (Deasy, J.) (published) (overruling the chapter 13 trustee’s objection to confirmation of the debtor’s plan under 11 U.S.C. § 1325(b), despite the “above median” debtor failing to pay all of his projected disposable income during each month of the plan, because the debtor’s plan provided for payment of all allowed unsecured claims in full as permitted by 11 U.S.C. § 1325(b)(1)(A)).

 

Supreme Court Rule 42(9) requires all NH admitted attorneys to notify the Bar Association of any address change, home or office.

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