Maine

Erkson, In re--Erkson v. United States Dep't of Educ.

Ruling: 
Debtor's student loan debt was discharged in its entirety where her current financial condition and future economic prospects established the propriety of a discharge under the Brunner test. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on April 03,2018, LexisNexis #0518-042

Bailey, In re

Ruling: 
Debtor's request for certification was granted after the court determined that there was nocontrolling applicable law. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on February 21,2018, LexisNexis #0418-025

Olsen, In re--Olsen v. Fin. Auth. of Me.

Ruling: 
Debtor was entitled to award of damages as creditor violated the automatic stay when it didnot return the money it witheld from debtor 14 months after debtor declared chapter 7bankruptcy. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on December 29,2017, LexisNexis #0218-008

Wiley, In re--Wiley v. Wells Fargo Bank, N.A.

Ruling: 
Debts could not be excepted from discharge as there was no evidence that the loans were made under a program funded by a nonprofit institution or were qualified education loans. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on December 21,2017, LexisNexis #0118-104

Reed, In re--Bailey v. Reed

Ruling: 
Debt was dischargeable for the lack of evidence that debtor knew that his representation to creditor was false when he made it. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on November 07,2017, LexisNexis #1217-044

Bailey, In re

Ruling: 
IRS's motion for relief from stay granted as the debtor failed to provide a specific plan toadequately protect the IRS's collateral. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on October 03,2017, LexisNexis #1117-039

Tidd, In re--Manhart v. S.W. Collins Co.

Ruling: 
Transfers made in payment of debts incurred in the ordinary course of business were shieldedfrom avoidance. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on September 11,2017, LexisNexis #1017-082

Dawson, In re

Ruling: 
Motion to compel turnover of passport and request for sanctions was denied where sanctionsare not appropriate as the Maine Department of Health and Human Services had not violatedthe stay, and was not in possession of debtor's passport. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on September 01,2017, LexisNexis #1017-017

Smith, In re

Ruling: 
Automatic stay was terminated where the debtor filed his second bankruptcy petition withina year after the first was dismissed. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on August 18,2017, LexisNexis #0917-064

Nappi, In re

Ruling: 
Bank's requested relief was not warranted as it already had full and fair opportunity to challenge the confirmed plan on trial. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on July 28,2017, LexisNexis #0917-060

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