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Bar News - January 20, 2016


U.S. Bankruptcy Court Opinion Summaries

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

In re Tempnology, LLC, 2015 BNH 012, issued Dec. 18, 2015 (approving a pre-confirmation sale of substantially all of the chapter 11 debtor’s assets pursuant to 11 U.S.C. § 363(b) finding that the proposed sale was not a de facto plan, creditors were afforded protections consistent with the statutory safeguards of the chapter 11 confirmation process, there was a valid business reason for the proposed sale outside the confirmation process, and the proposed sale made good sense in the overall context of the reorganization).

In re Weiner, 2015 BNH 013, issued December 24, 2015 (Harwood, J.) (unpublished) Sustaining creditors’ objections to the homestead exemption of the debtor and non-debtor spouse pursuant to NH RSA 480:1; the debtor and spouse had abandoned the property in question by moving to Costa Rica with no evidence of an intent to return.

Gordon v. White (In re Morgenstern), 2015 BNH 014, issued December 24, 2015 (Harwood, J.) (for publication) Determining that property of revocable trust, of which debtor was settlor and a beneficiary, was property of the bankruptcy estate pursuant to 11 U.S.C. § 541(a), that creditor’s post-petition acceptance and recording of deed violated the automatic stay of 11 U.S.C § 362(a), and that deed was void; also determining that chapter 7 trustee was not an “individual” who could recover damages pursuant to 11 U.S.C. § 362(k); requiring creditor who violated the automatic stay to pay reasonable attorneys’ fees of chapter 7 trustee pursuant to 11 U.S.C. § 105(a) as a contempt sanction.

In re Williams, 2016 BNH 001, issued Jan. 7, 2016 (Harwood, C.J.) (unpublished) (overruling the debtor’s objection to his former wife’s claim because the debtor’s obligation under the couple’s divorce decree to pay her $20,000 so that she could buy a replacement vehicle was a “domestic support obligation” within the meaning of 11 U.S.C. § 101(14A), which must be paid in full in the debtor’s chapter 13 plan as required by the provisions of 11 U.S.C. §§ 507(a)(1)) and 1322(a)(2)).

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