Judge Cary

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

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

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

Foster, In re--Foster v. Burns

Ruling: 
Judgment entered in favor of debtor in the amount of $3,000 as debtor's ex-wife willfullyviolated automatic stay by seeking to enforce and modify a divorce judgment without firstobtaining relief from the automatic stay. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on August 04,2017, LexisNexis #0917-003

Getchell Agency, In re

Ruling: 
Fees and reimbursement of expenses allowed by court as they were reasonable and within the scope of the approved retention. (Bankr. D. Me.)
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Commercial case opionion summary, case decided on June 22,2017, LexisNexis #0717-092

Jones, In re

Ruling: 
Confirmation hearing could not be held after expiration of 45-day deadline prescribed by§1324(b). (Bankr. D. Me.)
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Consumer case opionion summary, case decided on April 12,2017, LexisNexis #0517-079

In re Montreal, Me. & Atl. Ry.

Ruling: 
Post-rejection commercial rent claims did not qualify for administrative expense status absentbenefit to the estate. (Bankr. D. Me.)
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Commercial case opionion summary, case decided on August 25,2016, LexisNexis #0916-085

In re LaFrance

Ruling: 
Creditor not entitled to priority claim for unpaid wages which were not earned within 180 days of the petition date.
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Consumer case opionion summary, case decided on September 07,2016, LexisNexis #0316-082

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