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Bar News - August 14, 2009


US Bankruptcy Court Opinion Summary

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

In re Smith, 2009 BNH 019, issued on July 23, 2009 (Deasy, J.) (published) (denying approval of an assented motion to approve a home mortgage loan modification agreement because the motion was not a "case" or "controversy" under Article III of the Constitution and court would not render advisory opinion on the modification agreement; discussing three common situations that would avoid having the court render an advisory opinion on mortgage loan modifications, including: (1) resolving a motion for relief, (2) in the context of chapter 13 plan confirmation, and (3) in the context of a modification of chapter 13 plan).

Narayanan v. New Hampshire Higher Educ. Found. Assistance (In re Narayanan), 2009 BNH 021, issued Aug. 3, 2009 (Deasy, J.) (unpublished) (finding payment of the debtor’s student loan obligations to two student loan creditors would not impose an undue hardship on him and his dependent within the meaning of 11 U.S.C. § 523(a)(8)).

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