Bar News - June 6, 2008
US Bankruptcy Court Opinion Summaries
Note: The full text of the opinion below will be available on the Bankruptcy Court’s website.
Come v. Route 4 Motors, Inc. (In re Come), 2008 BNH 003, issued May 8, 2008 (Deasy, J.) (unpublished) (determining that a creditor who was on notice of the automatic stay and who intended the action that violated the stay, in this case the repossession of the debtor’s automobile, committed a willful violation of the stay under § 362(k)(1) and Fleet Mortgage Group, Inc. v. Kaneb (In re Kaneb), 196 F.3d 265 (1st Cir. 1999), even though the creditor erroneously believed that the stay had been lifted).
Notinger v. Brown (In re Brown), 2008 BNH 006, issued May 19, 2008 (Deasy, J.) (unpublished) (declaring that the individual debtor held a beneficial interest in a vacant parcel of real estate under theories of resulting and constructive trusts and ordering the legal title holder to transfer title to the trustee pursuant to 11 U.S.C. § 542; declaring that the individual debtor did not hold a beneficial interest in the home in which he lived on an adjoining parcel as he did not hold a beneficial interest in this real estate which was held in an express trust; and avoiding as constructively fraudulent under 11 U.S.C. § 544(b) and NH RSA 545-A:4(I)(b) transfers made by the corporate debtor that benefitted the parcels of real estate in which the individual debtor lived and permitting the value of such transfers to be recovered from the individual debtor and the legal title holders of the parcels pursuant to 11 U.S.C. § 550(a)).