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Bar News - August 19, 2011


US Bankrupcty Court Opinion Summary

Note: The full text of the opinion below will be available on the Bankruptcy Court’s website.

Notinger v. Migliaccio (In re Fin. Res. Mortg., Inc.), 2011 BNH 007, issued July 8, 2011 (Deasy, J.) (published) (granting the defendants/lenders/investors’ motion to dismiss the trustee’s claims under 11 U.S.C. §§ 541 and 542 seeking turnover of property that the trustee contended was property of the estate and denying their motion to dismiss the trustee’s claims under 11 U.S.C. §§ 544, 547, and 548 and NH RSA 545-A:4(I)(a)).

In re Trikeenan Tileworks, Inc., 2011 BNH 008, issued July 14, 2011 (Deasy, J.) (Unpublished) (denying confirmation of the Debtors’ plan because it violates the absolute priority rule and therefore was not fair and equitable pursuant to 11 U.S.C. § 1129(b)(2)(B)(ii) and overruling, in part, the Debtors objection to a competing plan, finding the competing plan was filed in good faith under 11 U.S.C. § 1129(a)(3)).

In re Scannell, 2011 BNH 009, issued July 27, 2011 (Deasy, J.) (published) (holding that it is permissible for a debtor to use an exemption, which he did not claim pursuant 11 U.S.C. § 522(l) on Schedule C, in performing the calculation in 11 U.S.C. § 522(f)(2) to avoid a judicial lien as along as the debtor would have been entitled to the exemption under 11 U.S.C. § 522(b)).

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