Bar News - November 9, 2007
NH Bankruptcy Court Opinion Summaries
Note: The full text of the opinions below are available on the Bankruptcy Courtís website.
In re Turner, 2007 BNH 032, decided 9/6/07 (Vaughn, C.J.), published (denying motion to dismiss under 11 U.S.C. ß 707(b)(2) because the debtors successfully rebutted the presumption of abuse by demonstrating that excess business mileage constituted special circumstances, notwithstanding the Courtís 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Mullen v. Kalil (In re Mullen), 2007 BNH 034, decided 9/14/07 (Vaughn, C.J.), unpublished (judgment for defendant because, although an attorney-client relationship existed and defendant breached his fiduciary duty by acquiring plaintiffís leasehold by assignment, there is insufficient evidence that plaintiff suffered damages from the breach and insufficient evidence that defendantís actions violated the NH Consumer Protection Statute; defendantís 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In re Newfound Lake Marina, Inc., 2007 BNH 035, decided 9/14/07 (Vaughn, C.J.) unpublished (disallowing a portion of creditorís claim on the grounds that it was a capital contribution and not a loan to debtors, and allowing the other portion of the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).