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Bar News - March 18, 2015

Bankruptcy Court Opinion Summaries

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

Cornell v. The Bank of New York Mellon Trust Company, N.A. (In re Pellerin), 2015 BNH 001, issued Feb. 13, 2015 (Deasy, J.) (published) (finding that the debtors’ mortgage was not properly recorded as the acknowledgment was sufficiently defective under the Uniform Recognition of Acknowledgment Act, NH RSA 456-A, and the long-standing judicial policies in New Hampshire regarding the sufficiency of mortgages and therefore it could not provide a lien creditor with constructive notice; for that reason the chapter 7 trustee was entitled to have the mortgage avoided under 11 U.S.C. § 544(a)(1) and preserved for the benefit of the debtors’ bankruptcy estate pursuant to 11 U.S.C. § 551).

In re Mizula, 2015 BNH 002, issued Feb. 25, 2015 (Deasy, J.) (published) (granting the chapter 13 trustee’s motion to modify the debtors’ confirmed plan pursuant to 11 U.S.C. § 1329 to increase total plan payments, after concluding that an inheritance acquired by the debtor-husband after confirmation and more than 180 days after the petition date, but before the case was closed, dismissed, or converted, was property of the estate under 11 U.S.C. §§ 541(a)(5)(A) and 1306(a)(1)).

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