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Bar News - November 13, 2009


US Bankruptcy Court Opinion Summaries

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

In re Valentine, 2009 BNH 025, issued on October 14, 2009 (Deasy, J.) (unpublished) (sustaining the chapter 7 trustee’s objection to the debtor’s claim of an exemption for a private disability insurance settlement under NH RSA 167:25; overruling the chapter 7 trustee’s objection to the debtor’s amendment to increase her exemption for jewelry because the debtor did not act in bad faith).

Rifken v. Entec Distribution, LLC (In re Felt Mfg. Co., Inc.), 2009 BNH 026, issued on October 16, 2009 (Deasy, J.) (unpublished) (holding that preference defendant did not prove its ordinary course of business defense under 11 U.S.C. § 547(c)(2) because the debtor’s payments under a consignment agreement were made as a result of unusual collection efforts but that preference defendant did prove its new value defense under 11 U.S.C. § 547(c)(4) with new shipments of goods).

FIA Card Services, N.A. v. Finnerty (In re Finnerty), 2009 BNH 029, issued on October 30, 2009 (Deasy, J.) (published) (finding that creditor did not meet its burden under the first and second elements of its claim under 11 U.S.C. § 523(a)(2)(A) to except from discharge check advances on a credit line because the debtor had a reasonable basis for believing she could use the proceeds from the sale of her home to pay off the debt when advances were made).

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