Jan
19
2023
Russell, In re
Ruling:
Creditor's failure to respond to a request for a copy of a revolving consumer credit agreementdid not result in disallowance of that creditor's claim as all three of the properly filed claim.(Bankr. D. Me.)
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Consumer case opionion summary, case decided on January 19,2023, LexisNexis #0323-048
Oct
18
2022
Canas, In re
Ruling:
Dismissal was appropriate as debtors remained in default of their plan after more than oneyear despite numerous assurances they would cure the plan arrearages. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on October 18,2022, LexisNexis #1222-096
Sep
30
2022
Riendeau v. Town of Sabattus
Ruling:
Defendant who was an immediate transferee who took for value, in good faith, and withoutknowledge of the voidability of the automatic tax foreclosure of debtor’s residence grantedsummary judgment in avoidance proceeding. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on September 30,2022, LexisNexis #1222-044
Apr
07
2022
Jordan, In re
Ruling:
Debtor's case was dismissed as he failed to make his payment in a timely manner and the caseappeared to be more of a collateral attack on a state court judgment than an effort to paycreditors and obtain a discharge of debts. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on April 07,2022, LexisNexis #0622-023
Feb
18
2022
Blair House Assocs. Ltd. P'ship, In re
Ruling:
Trustee was liable to debtor for attorney's fees as it was not reasonable for the trustee tobelieve that the amounts the trust claimed that the debtor owed to it were not contingent orsubject to a bona fide dispute. (Bankr. D. Me.)
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Commercial case opionion summary, case decided on February 18,2022, LexisNexis #0422-028
Dec
23
2021
Burnham, In re--Maine Cir. Breaker, Inc. v. Burnham
Ruling:
Debt was nondischargeable where debtors failed to disclose that they were buying inventoryat market prices then selling that inventory at a mark-up to creditor. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on December 23,2021, LexisNexis #0222-059
Nov
10
2021
U.S. Bank Trust, N.A. v. Vincent
Ruling:
Court lacked jurisdiction to hear and determine the Fair Debt Collection Practices Act andstate law claims as they were not cases under the title 11 of the United States Code. (Bankr. D.Me.)
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Commercial case opionion summary, case decided on November 10,2021, LexisNexis #0122-023
Jul
02
2021
Rallo, In re
Ruling:
Motion to extend the stay was denied because the debtor had not offered clear and convincingevidence to rebut the presumption that the case was not filed in good faith and debtor had notfiled a plan. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on July 02,2021, LexisNexis #0821-055
Nov
20
2020
Gistis, In re
Ruling:
Sanctions were warranted against a debtor's counsel as he improperly filed a Schedule C inthe case when he knew that the debtor had no reasonable basis to claim a homesteadexemption. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on November 20,2020, LexisNexis #0121-049
Nov
24
2020
Stanley-Trafton Holdings, LLC, In re
Ruling:
Court granted a conditional stay relief despite adequate protection due to debtor’sequivocation regarding terms of plan. (Bankr. D. Me.)
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Commercial case opionion summary, case decided on November 24,2020, LexisNexis #0121-028
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