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District of maine

Muszynski v. Millennium Funding, Inc.

Ruling
Bankruptcy court did not abuse its discretion in finding that the debtor failed to describe exigent circumstances meriting a waiver of the credit counseling requirement. (B.A.P. 1st Cir.)
Issue(s)
Who May Be a Debtor; Mandatory Credit Counseling.

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Consumer opinion summary, case decided on March 07, 2025 , LexisNexis #0525-026

Las Martas, Inc. v. Condado 5, LLC

Ruling
Bankruptcy court erred in dismissing Chapter 12 case by comparing financial conditions across debtor’s multiple filings instead of focusing solely on pospetition conditions in the current case. (B.A.P. 1st Cir.)
Issue(s)
Conversion or Dismissal; Dismissal for Cause on Request of Party in Interest; Continuing Loss or Diminution of Estate.

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Commercial opinion summary, case decided on March 05, 2025 , LexisNexis #0525-042

Foistner, In re

Ruling
Court denied adding items to the appellate record as they lacked sufficient identifying information to link them to the relevant case. (Bankr. D.N.H.)
Issue(s)
Record on Appeal; Sealed Documents.

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Consumer opinion summary, case decided on January 13, 2025 , LexisNexis #0325-100

Foistner, In re--Dahar v. Foistner

Ruling
Court denied motion for waiver of appellate fees filed by pro se debtors on behalf of themselves and others. (Bankr. D.N.H.)
Issue(s)
Bankruptcy Fees.

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Consumer opinion summary, case decided on January 02, 2025 , LexisNexis #0325-022

Chase, In re--Chase v. U.S. Dep't of Educ.

Ruling
Debtor’s choice to live in a rural area and work as a carpenter was a choice that did not maximize his income potential and did not establish an undue hardship that would warrant discharging his student loans. (Bankr. D. Me.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Consumer opinion summary, case decided on December 12, 2024 , LexisNexis #0225-068

Levitt, In re

Ruling
Creditor's non-dischargeability complaint dismissed due to failure to allege reliance on debtor's false representation. (Bankr. D. Me.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on October 02, 2024 , LexisNexis #1224-039

Waterville Redevelopment Co. IV, LLC, In re

Ruling
Second extension of time to file a subchapter V plan of reorganization denied as the debtorfailed to demonstrate circumstances beyond the debtor's control. (Bankr. D. Me.)
Issue(s)
Filing of the Plan; Deadline.

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Consumer opinion summary, case decided on August 05, 2024 , LexisNexis #1024-021

HH Tech. Corp. v. HH Tech. Corp.

Ruling
The Bankruptcy Code does not prohibit courts from setting joinder deadlines earlier thandismissal or relief. (B.A.P. 1st Cir.)
Issue(s)
Involuntary Cases; Joining Creditors.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on June 17, 2024 , LexisNexis #0824-076

Blair House Assocs., In re

Ruling
No adjustment to the amount of fees awarded was warranted as the trustee had not introducedany new evidence undermining the bad faith finding or showing that the deceased trustee'sconduct was more egregious than previously thought. (Bankr. D. Me.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal; Award of Costs and Fees.

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Commercial opinion summary, case decided on January 29, 2024 , LexisNexis #0324-054

Stored Solar Enters., Series LLC, In re

Ruling
Disclosure statement with respect to the Chapter 11 plan for the debtor was approved. (Bankr.D. Me.)
Issue(s)
Postpetition Disclosure and Solicitation.

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Commercial opinion summary, case decided on October 06, 2023 , LexisNexis #1223-042