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Bar News - January 15, 2014

US Bankruptcy Court Opinion Summaries

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

Smith v. The Quizno’s Master LLC 2013 BNH 016, issued November 27, 2013 (Harwood, J.) (for publication) Denying defendant’s motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) and transferring adversary proceeding to the District of Colorado as required by the forum selection clause governing disputes between the debtor’s bankruptcy estate and former franchisor.

In re Cahill 2013 BNH 015, issued December 19, 2013 (Harwood, J.) (for publication) Holding that the value of the debtors’ principal residence under §§ 506(a)(1) and 1123(b)(5) would be determined after a valuation hearing held on a date near the hearing on confirmation of the debtors’ chapter 11 plan and declining to use the value of the residence as of the petition date.

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