Bar News - October 15, 2014
US Bankruptcy Court Opinion Summary
Note: The full text of the opinion below will be available on the Bankruptcy Court’s website.
Kev-Ray Investments LLC v. Lemay (In re Lemay), 2014 BNH 011, issued September 19, 2014 (Harwood, J.) (unpublished) Granting summary judgment pursuant to Fed.R.Civ.P. 56 on the basis that creditor failed to demonstrate evidence of willfulness and malice under 11 U.S.C. § 523(a)(6); and denying summary judgment on (i) § 523(a)(2)(A) claim—assignment of debt did not prevent assignee creditor from proving reliance on alleged misrepresentations the debtor made to the assignor—and (ii) on claim under NH RSA § 358-A, as while lease transaction between debtor and creditor was a covered transaction made in the ordinary course of business, material questions of fact existed as to remaining allegations.