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Bar News - October 21, 2015

US Bankruptcy Court Opinion Summary

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

In re Robinson, 2015 BNH 007, issued September 10, 2015 (Harwood, J.)(unpublished) (denying the debtors’ motion seeking to void the bank’s second mortgage lien on the debtors’ primary residence after finding that the value of the debtors’ residence exceeded the bank’s first mortgage claim; since some value existed regarding the bank’s second mortgage claim such that it was partially secured under 11 U.S.C. § 506(a), the debtors could not modify the residential real property lien rights of the bank under the provisions of 11 U.S.C. § 1322(b)(2)).

Gordon v. Millette (In re Millette), 2015 BNH 008, issued September 28, 2015 (Harwood, J.) (for publication) Granting motion for summary judgment of plaintiff chapter 7 trustee on complaint for turnover, pursuant to 11 U.S.C. § 542(a), of annual payments due post-petition that debtor was receiving from her ex-spouse under a divorce decree, after determining that such payments were property of the bankruptcy estate.

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