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Maine

Dawson, In re

Ruling: 
Motion to compel turnover of passport and request for sanctions was denied where sanctionsare not appropriate as the Maine Department of Health and Human Services had not violatedthe stay, and was not in possession of debtor's passport. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on September 01,2017, LexisNexis #1017-017

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

Foster, In re--Foster v. Burns

Ruling: 
Judgment entered in favor of debtor in the amount of $3,000 as debtor's ex-wife willfullyviolated automatic stay by seeking to enforce and modify a divorce judgment without firstobtaining relief from the automatic stay. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on August 04,2017, LexisNexis #0917-003

Tamir, In re

Ruling: 
Debtor's plan could not be confirmed as it did not have fair and equitable treatment for twomortgage holders. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on June 27,2017, LexisNexis #0817-018

Getchell Agency, In re

Ruling: 
Fees and reimbursement of expenses allowed by court as they were reasonable and within the scope of the approved retention. (Bankr. D. Me.)
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Commercial case opionion summary, case decided on June 22,2017, LexisNexis #0717-092

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

Jones, In re

Ruling: 
Confirmation hearing could not be held after expiration of 45-day deadline prescribed by§1324(b). (Bankr. D. Me.)
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Consumer case opionion summary, case decided on April 12,2017, LexisNexis #0517-079

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

Ruling: 
Plaintiff met its burden of showing that its adversary proceeding seeking a judgmentdeclaring that it was not subject to sanctions for filing a proof of claim on behalf of a creditorwas ripe for adjudication even though it has changed that business practice and the issue hadbeen raised in other courts. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on March 01,2017, LexisNexis #0417-022

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