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Bar News - September 17, 2014


NH Bankruptcy Court Opinion Summary

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

In re Fournier, 2014 BNH 010, issued Sept. 8, 2014 (Harwood, J.) (unpublished) (denying the debtors’ motion seeking to void the bank’s second mortgage lien on the debtors’ principal residence, as the court found that the value of the debtors’ residence exceeded the first mortgagee’s claim; accordingly, value existed so that the bank’s second mortgage claim was partially secured under 11 U.S.C. § 506(a) and, therefore, the debtors could not modify the rights of the bank under the provisions of 11 U.S.C. § 1322(b)(2)).

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