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Bar News - January 16, 2009

US Bankruptcy Court Opinion Summaries

Note: The full text of the opinion below will be available on the Bankruptcy Court’s website.

In re Porter, 2008 BNH 019, issued December 22, 2008 (Deasy, J.) (published) (denying approval of reaffirmation agreement that included creditor’s attorney’s fees after determining the agreed upon attorneys’ fees were unreasonable because the attorney’s activities were administrative in nature and did not require specialized legal knowledge or training).

In re Michaud, 2008 BNH 021, decided Dec. 30, 2008 (Deasy, J.) (published) (sustaining the chapter 13 trustee’s objections to the debtors’ plans under 11 U.S.C. § 1325(b)(1)(B) as the debtors were not using all of their projected disposable income to fund their plans because the debtors over withhold their federal income tax as evidenced by their receipt of large federal income tax refunds last year and concluding that debtors must contribute each year for the duration of their plan their income tax refunds in an amount to be determined at confirmation based upon the facts and circumstances of a particular debtor’s case).

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