Judge Fagone

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

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

LaMantia, In re--Rasmussen v. LaMantia

Ruling: 
Debtor was not entitled to a discharge because prior to filing his petition, he withdrew most ofthe funds from his bank accounts and prepaid several obligations. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on October 09,2020, LexisNexis #1120-91

Kalinina, In re

Ruling: 
Imposition of stay denied in debtor's third Chapter 11 case within one year as it was filed forthe sole purpose of delaying the creditor. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on October 08,2020, LexisNexis #1120-79

Penobscot Valley Hosp., In re--Penobscot Valley Hosp. v. Carranza

Ruling: 
Temporary restraining order granted given likelihood of success on claim that SBAdiscriminated against debtor by refusing to allow debtor to participate in the PayrollProtection Program. (Bankr. D. Me.)
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Commercial case opionion summary, case decided on May 01,2020, LexisNexis #0620-090

Gistis, In re

Ruling: 
Debtor's attorney sanctioned for providing incorrect information on Schedule C pertaining todebtor's homestead exemption. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on March 24,2020, LexisNexis #0520-044

Calais Reg'l Hosp., In re

Ruling: 
Debtor hospital failed to state a claim that contract and collection agreements with insurershould be avoided where the insurer paid debtor at the rates specified in the contracts. (Bankr.D. Me.)
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Commercial case opionion summary, case decided on March 04,2020, LexisNexis #0420-043

Raessler, In re

Ruling: 
Bankruptcy court looked to legislative history to apply state exemption in absence of highcourt ruling. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on January 10,2020, LexisNexis #0220-055

Gistis, In re--Hull v. Cenlar FSB

Ruling: 
Claims seeking disgorgement of sale proceeds from debtor's sale were dismissed asmortgagee's lien on the property was extinguished upon payment of the debt. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on January 03,2020, LexisNexis #0220-044

Kittery Point, In re

Ruling: 
Claim was allowed due to agreement between debtor and creditor and the waivers in thatdocument explicitly acknowledging its validity. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on December 20,2019, LexisNexis #0220-006

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