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District of maine

Jordan, In re

Ruling
Debtor's case was dismissed as he failed to make his payment in a timely manner and the caseappeared to be more of a collateral attack on a state court judgment than an effort to paycreditors and obtain a discharge of debts. (Bankr. D. Me.)
Issue(s)
Conversion or Dismissal; For Cause; Failure to Commence Payments.

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Consumer opinion summary, case decided on April 07, 2022 , LexisNexis #0622-023

Blair House Assocs. Ltd. P'ship, In re

Ruling
Trustee was liable to debtor for attorney's fees as it was not reasonable for the trustee tobelieve that the amounts the trust claimed that the debtor owed to it were not contingent orsubject to a bona fide dispute. (Bankr. D. Me.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal; Award of Costs and Fees; Reasonable

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Commercial opinion summary, case decided on February 18, 2022 , LexisNexis #0422-028

Burnham, In re--Maine Cir. Breaker, Inc. v. Burnham

Ruling
Debt was nondischargeable where debtors failed to disclose that they were buying inventoryat market prices then selling that inventory at a mark-up to creditor. (Bankr. D. Me.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on December 23, 2021 , LexisNexis #0222-059

Buscone, In re--Botelho v. Buscone

Ruling
Default sanction in nondischargeability proceeding was appropriate due to debtor's repeatedfailures to comply with discovery requests. (B.A.P. 1st Cir.)
Issue(s)
Failure to Make Discovery

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on December 21, 2021 , LexisNexis #0222-074

U.S. Bank Trust, N.A. v. Vincent

Ruling
Court lacked jurisdiction to hear and determine the Fair Debt Collection Practices Act andstate law claims as they were not cases under the title 11 of the United States Code. (Bankr. D.Me.)
Issue(s)
Bankruptcy Cases and Proceedings; Cases Under Title 11.

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Commercial opinion summary, case decided on November 10, 2021 , LexisNexis #0122-023

O'Sullivan, In re--Casper v. O'Sullivan

Ruling
Bankruptcy court did not err in ruling the debt was not excepted from discharge as creditorfailed to demonstrate actual reliance. (B.A.P. 1st Cir.)

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on September 01, 2021 , LexisNexis #1021-060

Lopez, In re--Mondriguez-Torres v. Lopez

Ruling
Bankruptcy court did not err in denying purported creditor's proof of claim as untimelybecause Rule 9006(b)(3) precluded the requested excusable neglect relief in the Chapter 13case. (B.A.P. 1st Cir.)
Issue(s)
Computing and Extending Time; Time for Motion Papers; Enlargement;

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on July 21, 2021 , LexisNexis #0921-025

Rallo, In re

Ruling
Motion to extend the stay was denied because the debtor had not offered clear and convincingevidence to rebut the presumption that the case was not filed in good faith and debtor had notfiled a plan. (Bankr. D. Me.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior

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Consumer opinion summary, case decided on July 02, 2021 , LexisNexis #0821-055

Rivera, In re--Albarran v. Rivera

Ruling
Bankruptcy court did not err in holding that debtor was entitled to a homestead exemptiondespite failure of all titleholders to execute homestead deed. (B.A.P. 1st Cir.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on May 20, 2021 , LexisNexis #0721-035

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.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Commercial opinion summary, case decided on November 24, 2020 , LexisNexis #0121-028