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Bar News - November 19, 2010

US Bankruptcy Court Opinion Summaries

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

Duby v. United States of America (In re Duby), 2010 BNH 025, issued 7/21/10 (Vaughn, C.J.) (awarding attorney’s fees to Debtor where Defendant willfully violated the automatic stay under 11 U.S.C. § 362 in accordance with the Equal Access to Justice Act for fee awards against the government and awarding a sanction for violation of the discharge injunction under, but tempering the total award for reasonableness.)

Maroun v. Litton Loan Servicing, L.P. (In re Maroun), 2010 BNH 026, issued 8/27/10 (Vaughn, C.J.) (exercising the Court’s power under 28 U.S.C. § 1334(c)(1) to abstain from ruling on Defendants’ motion for summary judgment, because any judgment rendered upon the Defendants necessarily requires the Court to adjudicate the merits of the complaint against parties who have been removed from the Court’s jurisdiction.)

In re Davey, 2010 BNH 028, issued 9/3/10 (Vaughn, C.J.) (denying confirmation of Debtor’s Chapter 11 plan and granting the United States Trustee’s motion to dismiss the case because the plan: (1) called for impermissible allocation of eminent domain proceeds, (2) is not feasible, and (3) is highly unsupported by the Debtor’s creditors.)

Smith v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (In re Lee), 2010 BNH 029, issued 9/21/10 (Vaughn, C.J.) (granting the Defendant’s motion to dismiss a preference action relating to payments that occurred more than ninety days prior to the filing of the Debtor’s petition because the Plaintiff failed to allege sufficient facts for the Court to infer that the alleged transaction was less than arm’s length, but allowing the Plaintiff to amend his complaint since a responsive pleading had not been filed.)

In re Carlucci, 2010 BNH 030, issued 9/28/10 (Vaughn, C.J.) (granting Debtors’ motion to avoid lien under 11 U.S.C. § 522(f) to the extent that it impaired the Debtors’ exemption and awarding partial fees for lienholder’s appraiser having to appear at an unnecessary hearing at the fault of the Debtors.)

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