Judge Fagone

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

Cinq-Mars, In re

Ruling: 
Confirmation of plan denied as the debtor failed to prove that their property was less than the estimated value of a real estate appraiser's valuation. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on July 28,2017, LexisNexis #0917-045

Pinet, In re

Ruling: 
Request for plan modification approved as trustee established a legitimate reason for the proposed modification where the sale of the property made it possible for the debtors to pay more to their unsecured creditors. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on April 14,2017, LexisNexis #0517-112

Cousins Int'l Food, Corp. v. Vidal

Ruling: 
Purchaser of debtor's assets lacked standing to pursue an appeal because the purchaser was not the beneficiary of the automatic stay's protections. (B.A.P. 1st Cir.)
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Commercial case opionion summary, case decided on March 21,2017, LexisNexis #0417-094

Rosado v. Banco Popular de Puerto Rico (In re Rosado)

Ruling: 
Bankruptcy court did not abuse its discretion in denying motion for contempt filed by debtorsas debtors failed to show that creditor's conduct constituted coercion or harassment. (B.A.P. 1st Cir.)
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Consumer case opionion summary, case decided on January 04,2017, LexisNexis #0217-026

In re Cohen

Ruling: 
Debtor’s arguments regarding benefits of converting case to chapter 7 did not justifyreconsideration of dismissal order. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on November 18,2016, LexisNexis #1216-083

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