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Maine

In re Montreal Me. & Atl. Ry.

Ruling: 
Wrongful death claims resulting from railway accident were related to debtor's bankruptcy and should be tried in the same court.
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Commercial case opionion summary, case decided on March 21,2014, LexisNexis #0714-068

Saunders v. Getchell Agency

Ruling: 
District court lacked jurisdiction over unpaid wage claim under FLSA that was property of debtor's bankruptcy estate.
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Consumer case opionion summary, case decided on February 11,2014, LexisNexis #0714-056

In re Paradis

Debtors filed a petition under chapter 13 of the Bankruptcy Code, and the Internal Revenue Service ("IRS") filed a secured claim and an unsecured claim against the debtors' bankruptcy estate. The debtors filed an objection to the IRS's unsecured claim and asked the court to confirm a plan they proposed that did not give the IRS's unsecured claim priority status. The parties submitted the issue on a stipulated record.
Ruling: 
IRS claim for taxes assessed more than three years before petition date could be treated as unsecured in plan.
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Consumer case opionion summary, case decided on September 10,2012, LexisNexis #1012-048

In re Irving Tanning Co.

The court's memorandum contained findings of fact and conclusions of law pursuant to Fed. R. Bankr. P. 7052 on debtors' contested joint plan of reorganization in these jointly administered chapter 11 cases and a related adversary proceeding. Several parties (the "Objecting Parties") objected to the proposed use of the Self-Insurance Funds and opposed the Self-Insurance Channeling Injunction.
Ruling: 
Confirmation denied on feasibility grounds.
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Commercial case opionion summary, case decided on August 28,2012, LexisNexis #0912-097

Howison v. Milo Enters.

Chapter 7 trustee brought an adversary proceeding against defendant in the United States Bankruptcy Court for the District of Maine, seeking to avoid allegedly preferential or fraudulent transfers. After the bankruptcy court denied the parties' cross-motions for summary judgment, defendant filed a motion in district court under 28 U.S.C.S. § 157(d) to withdraw the reference.
Ruling: 
Motion to withdraw reference of preference proceeding denied on timeliness grounds.
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Commercial case opionion summary, case decided on May 21,2012, LexisNexis #0612-069

Ackley v. Sallie Mae Student Loans (In re Ackley)

Citing 11 U.S.C.S. § 523(a)(8), debtors, a married couple who filed a chapter 7 case, asked the court to find that they were entitled to discharge their obligations for student loans for themselves and their adult children, which loans totaled around $460,000.
Ruling: 
Elderly debtors with multiple physical ailments granted undue hardship discharge of student loan debt.
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Consumer case opionion summary, case decided on December 23,2011, LexisNexis #0212-057

Allen v. Loughery (In re Loughery)

Plaintiff judgment creditors filed a complaint against defendant Chapter 7 debtor seeking a determination that a judgment was excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(19). The creditors filed a motion for summary judgment.
Ruling: 
Settlement without judgment or admission of liability was still a nondischargeable debt for violation of securities laws.
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Consumer case opionion summary, case decided on July 08,2011, LexisNexis #1011-047

In re Trico Marine Servs. Inc.

Before the court was debtors' Motion to determine the validity and priority of a certain make-whole premium (the "Make-Whole Premium") asserted by an Indenture Trustee. Pursuant to an order of the court approving the sale of certain assets, the Indenture Trustee sought full and immediate payment of the Make-Whole Premium out of sale proceeds currently held in escrow. Debtors contested the Indenture Trustee's entitlement to such payment.
Ruling: 
Make-whole premium asserted by indenture trustee was an allowable secured claim.
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Commercial case opionion summary, case decided on April 15,2011, LexisNexis #0511-049

Canning v. Beneficial Me. Inc. (In re Canning)

Plaintiff bankruptcy debtors brought an adversary proceeding against defendant mortgagee alleging that the mortgagee violated the discharge injunction of 11 U.S.C.S. § 524(a)(2) by sending the debtors a collection letter and refusing to foreclose against the debtors' real property which the debtors surrendered to the mortgagee.
Ruling: 
Mortgagee's collection letter violated discharge injunction but refusal to foreclose did not.
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Consumer case opionion summary, case decided on February 17,2011, LexisNexis #0311-054

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