Bar News - March 16, 2016
Bankruptcy Court Opinion Summary
Note: The full text of the opinions below will be available on the Bankruptcy Court’s website.
Askenaizer v. Anderson (In re Catco Recycling, LLC), 2016 BNH 003, issued Feb. 10, 2016 (Harwood, C.J.) (unpublished) (granting in part and denying in part the chapter 7 trustee's motion seeking summary judgment concluding that (1) the trustee established that he was entitled to judgment on his constructive fraud claims under 11 U.S.C. §§ 548(a)(1)(B) and 544(b)(1) and RSA 545-A:4(I)(b)(1) and 5(I) and permitting recovery of the avoided transfer pursuant to 11 U.S.C. § 550(a)(1), as the property transferred to the defendant was property of the debtor; and (2) the trustee had not established on the summary judgment record that there was no dispute as to whether the debtor had actual fraudulent intent as required by 11 U.S.C. §§ 548(a)(1)(A) and 544(b)(1) and RSA 545-A:4(I)(a) to avoid the transfer pursuant to those statutes).