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Bar News - July 17, 2009


US Bankruptcy Court Opinion Summaries

Note: The full text of the opinion below will be available on the Bankruptcy Court’s website at www.nhb.uscourts.gov.

Notinger v. Dreier LLP (In re Robotic Vision Sys., Inc.), and Notinger v. Marotta, Gund, Budd & Dzera, LLC (In re Robotic Vision Sys., Inc.), 2009 BNH 014, issued June 12, 2009 (Deasy, J.) (unpublished) (approving the chapter 7 trustee’s motions to approve compromises regarding fees and expenses sought by chapter 11 professionals).

Naugler v. Carlini (In re Naugler) and Carlini v. Naugler (In re Naugler), 2009 BNH 015 (Vaughn, C.J.) decided 6/17/09, unpublished (awarding attorney’s fees to Debtor where Defendant willfully violated the automatic stay under 11 U.S.C. § 362(a) by contacting Debtor regarding collection of pre-petition claims after Defendant was notified of bankruptcy filing; and denying complaint where Plaintiff failed to satisfy his burden under 11 U.S.C. §§ 727 and 523 and show that Debtor should be denied a discharge for: (1) failure to satisfactorily explain his deficiency of assets; (2) making a false oath or account; (3) making a false representation; and (4) committing fraud or defalcation while acting in a fiduciary capacity).

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