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Bar News - February 19, 2010

US Bankruptcy Court Opinions

Note: The full text of the opinions below are available on the Bankruptcy Court’s website.

M & M Equities, LLC v. New Alliance Bank (In re M & M Equities, LLC), 2009 BNH 037 (Vaughn, C.J.) decided 12/10/09, published (dismissing Count II of Plaintiff’s complaint against NewAlliance Bank alleging violations of the New Hampshire Consumer Protection Act § 358-A, because NewAlliance Bank falls within the exception under § 358-A:3 for trade or commerce subject to the jurisdiction of the financial regulators of other states.)

Moses v. Granite State Mgmt. and Res. (In re Moses), 2009 BNH 038 (Vaughn, C.J.) decided 12/29/09, unpublished (denying Plaintiff’s complaint seeking an undue hardship discharge of his student loans pursuant to 11 U.S.C. § 523(a)(8), because the debtor does not face a lasting undue hardship since the debtor can make adjustments to his expenses, has options available for loan repayment assistance, and has education and experience which indicate better employment prospects.)

In re Borriello, 2009 BNH 038 (Vaughn, C.J.), decided 12/29/09, unpublished (granting debtors’ motion to convert their case from one under Chapter 7 to one under Chapter 13 because the debtors meet the eligibility requirements set forth in § 109(e), and creditor did not show that debtors exhibited extraordinary bad faith conduct as to preclude conversion.)

Lassonde v. Stanton (In re Stanton), 2010 BNH 006, issued on February 8, 2010 (Deasy, J.) (unpublished) (granting in part and denying in part creditor’s motion for summary judgment on his complaint under various sections of 11 U.S.C. §§ 523(a) and 727 arising from a prepetition construction contract and based on the debtors’ false oaths, concealment of assets, or failure to explain a loss of assets in their chapter 7 bankruptcy, and collateral estoppel from a prepetition state court judgment against the debtors involving a defamation claim.)

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