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Judge Fagone

St. Laurent, In re

Ruling: 
Debtor was entitled to damages as the debtor's landlord prosecuted its forcible entry anddetainer complaint with knowledge of debtor's bankruptcy filing. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on August 12,2019, LexisNexis #1019-029

Sanasy, In re

Ruling: 
Trustee's application to employ law firm as special counsel in fraudulent transfer proceedingdenied where law firm had interest adverse to debtor. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on February 14,2019, LexisNexis #0319-075

Straka, In re

Ruling: 
Request for additional compensation or reimbursement of fee applicant was disallowed as it yielded a requested fee that was unreasonable given the nature of the work performed. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on August 09,2018, LexisNexis #0918-095

Cushman, In re--Resurgent Capital Servs, L.P. v. Harrington

Ruling: 
Court ruled that creditor was not subject to sanctions under Rule 9011 because while aspectsof claimant's practices could and should have been designed to produce more accurate proofsof claim, its practices were not so egregiously deficient to warrant the imposition of sanctions.(Bankr. D. Me.)
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Consumer case opionion summary, case decided on June 29,2018, LexisNexis #0818-029

Cushman, In re--Resurgent Capital Servs, L.P. v. Harrington

Ruling: 
Court ruled that creditor was not subject to sanctions under Rule 9011 because while aspectsof claimant's practices could and should have been designed to produce more accurate proofsof claim, its practices were not so egregiously deficient to warrant the imposition of sanctions.(Bankr. D. Me.)
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Consumer case opionion summary, case decided on June 29,2018, LexisNexis #0818-029

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

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

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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