Bar News - November 18, 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 Ashley, 2015 BNH 009, issued Oct. 14, 2015 (Harwood, C.J.) (published) (imposing an inherent power, non-contempt, punitive sanction against the debtors’ car lender for failure to comply with the terms of the debtors’ chapter 13 plan and the court’s confirmation order, which together bound lender to release its lien and deliver the certificate of title upon full payment of lender’s secured claim, pursuant to 11 U.S.C. § 1327(a)).
In re Taal, 2015 BNH 010, issued October 22, 2015 (Deasy, J.) (for publication) Sustaining in part debtor’s objection to mortgagee’s proof of claim and notice of post-petition fees and costs on the basis that certain attorney’s fees were not recoverable under the relevant note, mortgage, and state law, which 11 U.S.C. § 1322(b)(5) and (e) made applicable to the bankruptcy proceeding; awarding the debtor attorney’s fees and disallowing certain attorney’s fees to the mortgagee based on New Hampshire R.S.A. 361-C:2.