New Hampshire Bar Association
About the Bar
For Members
For the Public
Legal Links
Online Store
Vendor Directory
NH Bar Foundation
Judicial Branch

Set Your Business Apart - Advertise with NH Bar News!

NH Bar's Litigation Guidelines
New Hampshire Bar Association
Lawyer Referral Service Law Related Education NHBA CLE NHBA Insurance Agency
Member Login
Member Portal

Bar News - November 9, 2007

NH Bankruptcy Court Opinion Summaries


Note: The full text of the opinions below are available on the Bankruptcy Court’s website.

In re Turner, 2007 BNH 032, decided 9/6/07 (Vaughn, C.J.), published (denying motion to dismiss under 11 U.S.C. § 707(b)(2) because the debtors successfully rebutted the presumption of abuse by demonstrating that excess business mileage constituted special circumstances, notwithstanding the Court’s determination that 401k loan repayments are nondeductible expenses in Chapter 7; the debtors are allowed to deduct expenses for four vehicles).

Mullen v. Kalil (In re Mullen), 2007 BNH 034, decided 9/14/07 (Vaughn, C.J.), unpublished (judgment for defendant because, although an attorney-client relationship existed and defendant breached his fiduciary duty by acquiring plaintiff’s leasehold by assignment, there is insufficient evidence that plaintiff suffered damages from the breach and insufficient evidence that defendant’s actions violated the NH Consumer Protection Statute; defendant’s bankruptcy claim is disallowed in full because it is unrelated to plaintiff).

In re Newfound Lake Marina, Inc., 2007 BNH 035, decided 9/14/07 (Vaughn, C.J.) unpublished (disallowing a portion of creditor’s claim on the grounds that it was a capital contribution and not a loan to debtors, and allowing the other portion of the claim because it was a loan creditor obtained and secured with his personal residence on behalf of debtors; the allowed portion of the claim is not recharacterized as equity).


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

Home | About the Bar | For Members | For the Public | Legal Links | Publications | Online Store
Lawyer Referral Service | Law-Related Education | NHBA•CLE | NHBA Insurance Agency | NHMCLE
Search | Calendar

New Hampshire Bar Association
2 Pillsbury Street, Suite 300, Concord NH 03301
phone: (603) 224-6942 fax: (603) 224-2910
© NH Bar Association Disclaimer