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Bar News - April 16, 2014

US Bankruptcy Court Opinion Summaries

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

In re Lakes Region Donuts, Inc., 2014 BNH 004, issued March 27, 2014 (Harwood, C.J.) (unpublished) (granting the landlord’s motion for relief as the debtor’s lease of commercial property terminated prepetition under state law--where the landlord issued an eviction notice, the debtor failed to cure, the landlord commenced a possessory action, and a writ of possession issued prepetition, all in accordance with the provisions of RSA 540--and therefore (a) the debtor’s interest in the lease was not property of the estate under 11 U.S.C. § 541(b)(2), (b) the automatic stay did not bar the debtor, per 11 U.S.C. § 362(b)(10), from proceeding to complete the eviction process, and (c) the lease was not assumable by virtue of 11 U.S.C. § 365(c)(3)).

Ricketts v. Bank of America, N.A. (In re Ricketts), 2013 BNH 018, issued Dec. 23, 2013 (Harwood, C.J.) (published) (granting the defendant’s motion to dismiss count two of the complaint pursuant to FRCP 12(b)(1) as the court lacks jurisdiction over the debtor’s claim for damages for breach of the implied covenant of good faith and fair dealing contained in the defendant’s mortgage and denying the defendant’s motion to dismiss count one pursuant to FRCP 12(b)(6) as the debtor met her burden to plead sufficient facts that state a claim that is plausible on its face for relief for violation of the discharge injunction of 11 U.S.C. § 524(a)).

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