Bar News - April 16, 2010
US Bankruptcy Court Opinion Summaries
Note: The full text of the opinion below will be available on the Bankruptcy Court’s website.
Total Pride Landscaping, Inc. v. Continental Paving, Inc. et al (In re Total Pride Landscaping, Inc.), 2010 BNH 015, issued on March 15, 2010 (Deasy, J.) (unpublished) (holding that a pile of organic compost sitting on the defendants’ land was property of the debtor’s estate under 11 U.S.C. § 541 and subject to turnover under 11 U.S.C. § 542; holding that defendants violated the automatic stay under 11 U.S.C. § 362(a)(3) when they refused to turn over the compost pile or to provide the debtor with access for its removal but declining to award damages due to insufficient evidence; declining to award statutory damages for defendants’ counterclaims for timber trespass under NH RSA § 227-J:8 because damaged trees were not on the defendants’ land but awarding compensatory damages for restoration costs).
In re Visconti, 2010 BNH 016, issued on April 7, 2010 (Deasy, J.) (published) (sustaining the chapter 7 trustee’s objection to the debtor’s claim of a homestead exemption under NH RSA 480:1 because, while the debtor lived in the property on the petition date, he had no ownership interest in the home and was not married to the owner when he filed for bankruptcy).