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Bar News - October 18, 2013

U.S. Bankruptcy Court Opinion Summaries

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

Carbonneau v. Federal Nat’l Mort. Assn. (In re Carbonneau), 2013 BNH 007, issued September 17, 2013 (Deasy, J.) (for publication) Granting the defendant’s motion for summary judgment after determining that the debtor’s real property had been sold at a foreclosure sale prior to the filing of the bankruptcy petition, did not become part of the bankruptcy estate of 11 U.S.C. § 541, and was not subject to the automatic stay of 11 U.S.C. § 362; the foreclosure sale had been completed under N.H. R.S.A. § 479:26, despite errors in documents recorded with the foreclosure deed.

In re Hopkinton Indep. School, Inc., 2013 BNH 006, issued September 4, 2013 (Harwood, J.) (for publication) Denying secured creditor’s request for administrative expenses under 11 U.S.C. § 503(b) because the expenditures at issue did not benefit the bankruptcy estate—the secured creditor incurred costs to preserve its collateral and sought to recover those costs from the estate, where the trustee did not use, sell or otherwise benefit from possession of the subject collateral.

In re Shea, 2013 BNH 009, issued September 19, 2013 (Harwood, J.) (unpublished) Sanctioning the plaintiff’s failure to appear at a pretrial conference, under Bankruptcy Rule 7016(f), and also the plaintiff’s failure to withdraw her complaint after learning that the legal claims were not supported by evidence, under Bankruptcy Rule 9011.

Supreme Court Rule 42(9) requires all NH admitted attorneys to notify the Bar Association of any address change, home or office.

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