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Bar News - February 13, 2009

US Bankruptcy Court Opinion Summaries

Note: The full text of the opinions below are available on the Bankruptcy Court’s web site at

Balles v. Sturgill (In re Sturgill), 2008 BNH 013 (Vaughn, C.J.), decided 10/8/08, unpublished (granting the Defendants’ motion to dismiss the Plaintiff’s complaint to except her claim from discharge under 11 U.S.C. § 523(a) pursuant to Federal Rule of Civil Procedure 12(b)(6), for failure to allege that the Defendants had the intent to deceive the Plaintiff required under section 523(a)(2)(A) and for failure to allege that the Defendants acted in a fiduciary capacity within the meaning of section 523(a)(4); and rejecting the Plaintiff’s argument that the Court expand the existing definition of "fiduciary" under section 523(a)(4)).

United States Trustee v. Marcelle (In re Marcelle), 2008 BNH 014 (Vaughn, C.J.), decided 10/30/08, unpublished (denying the debtor a chapter 7 discharge pursuant to 11 U.S.C. § 727(a)(3), (a)(4), and (a)(5) for failure to maintain adequate financial records, failure to satisfactorily explain his deficiency of assets, and making several false oaths in his bankruptcy schedules).

Newfound Lake Marina, Inc. v. Sumac Corp. (In re Newfound Lake Marina, Inc.), 2008 BNH 015 (Vaughn, C.J.), decided 11/6/08, unpublished (finding that the state court action was properly removed to this Court pursuant to 28 U.S.C. § 1452(a) because the Court has jurisdiction over the removed action, as it is a non-core proceeding related to the Plaintiffs’ bankruptcy case, and remanding the removed action to the state court on equitable grounds pursuant to 28 U.S.C. § 1452(b)).

In re Whispering Pines Estate, Inc., 2008 BNH 016 (Vaughn, C.J.), decided 12/8/08, unpublished (denying confirmation for failure to satisfy the feasibility requirement under 11 U.S.C. § 1129(a)(11) because there is no reasonable likelihood that the debtor will obtain the financing contemplated in the plan and even assuming that such financing is secured, the plan is underfunded).

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