Judge Cary

Broder, In re

Ruling: 
Trustee failed to sustain his burden proving that debtor was not entitled to state lawexemptions. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on March 14,2019, LexisNexis #0519-007

Anderson, In re

Ruling: 
Creditor's motion for relief from stay was granted where court found that the filing of the casewas part of an intentional effort by debtor to prevent the creditor from completing theforeclosure sale of the property. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on November 20,2018, LexisNexis #0119-006

Rockwell, In re

Ruling: 
Cash proceeds from sale of property that remained in debtor's control as of the conversiondate were exempt and beyond the reach of the chapter 7 trustee. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on August 23,2018, LexisNexis #1018-010

Rockwell, In re

Ruling: 
Cash proceeds from sale of property that remained in debtor's control as of the conversiondate were exempt and beyond the reach of the chapter 7 trustee. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on August 23,2018, LexisNexis #1018-010

Kirby, In re--Kirby v. 21st Mortg. Corp.

Ruling: 
Defendant's motion granted where the written communications did not objectively constitutecoercive or harassing actions and was not a violation of the discharge injunction. (Bankr. D.Me.)
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Consumer case opionion summary, case decided on June 26,2018, LexisNexis #0818-012

Golliday, In re--Golliday v. Educ. Credit Mgmt. Corp.

Ruling: 
Debtor's loan obligations were nondischargeable where debtor failed to establish that hisanticipated income would be insufficient to repay the loan while maintaining a minimallifestyle. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on July 12,2018, LexisNexis #0818-073

Kirby, In re--Kirby v. 21st Mortg. Corp.

Ruling: 
Defendant's motion granted where the written communications did not objectively constitutecoercive or harassing actions and was not a violation of the discharge injunction. (Bankr. D.Me.)
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Consumer case opionion summary, case decided on June 26,2018, LexisNexis #0818-012

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

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