Maine

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

In re Davenport

Debtor was over 60. He sought to avoid a creditor's judicial lien under 11 U.S.C.S. § 522(f) of the Bankruptcy Code because it impaired his exemption. The creditor objected to debtor's age-enhanced exemption claim and to his request to avoid her lien. The court's decision was pending.
Ruling: 
Judicial lien avoided as impairing debtor's state residence exemption.
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Consumer case opionion summary, case decided on January 12,2011, LexisNexis #0211-048

Lewellen v. Access Group Inc. (In re Lewellen)

Plaintiff debtor sought a determination that her student loans should be discharged under 11 U.S.C.S. § 523(a)(8), because repayment of those loans would impose an undue hardship on her.
Ruling: 
Student loan debt discharged for undue hardship except for portion on which debtor had not sought to make good faith effort to repay.
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Consumer case opionion summary, case decided on December 02,2010, LexisNexis #0111-013

In re M.W. Sewall & Co.

Debtor filed a voluntary petition for relief under chapter 11. Shortly thereafter, the State of Maine Bureau of Alcoholic Beverages and Lottery Operations (the Bureau) moved for relief from the 11 U.S.C.S. § 362 stay, seeking an order requiring debtor to remit to it all receipts of lottery tickets delivered to debtor prepetition, whether sold by debtor pre- or postpetition.
Ruling: 
Lottery bureau held general unsecured claim for ticket sales receipts and was not entitled to relief from stay.
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Commercial case opionion summary, case decided on July 16,2010, LexisNexis #1010-008

Epstein v. Defilippi (In re Defilippi)

Plaintiff, a guardian ad litem, sought a determination that an amount owed to her by defendant chapter 7 debtors was excepted from discharge as a domestic support obligation under 11 U.S.C.S. §§ 101(14A) and 523(a)(5). The guardian ad litem made a motion for judgment as a matter of law under Fed. R. Civ. P. 50(a), which the court treated as a motion for summary judgment pursuant to Fed. R. Civ. P. 56 and Fed. R. Bankr. P. 7056.
Ruling: 
Guardian ad litem's claim was a nondischargeable domestic support obligation.
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Consumer case opionion summary, case decided on June 03,2010, LexisNexis #0810-089

Turner v. Boyle

Defendant president of a corporation as to which chapter 7 bankruptcy proceedings were filed moved to immediately withdraw reference of the case from the bankruptcy court after the trustee for plaintiff bankruptcy estate filed an adversary petition against the president alleging breach of duty of loyalty, lack of good faith, breach of duty of care, and breach of contract.
Ruling: 
Motion to withdraw reference of trustee's proceeding against debtor's president denied without prejudice to renewal when ready for trial.
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Consumer case opionion summary, case decided on March 29,2010, LexisNexis #0610-032

TD Bank v. Sewall

In an action filed against defendant guarantors, plaintiff creditor sought a declaratory judgment as to the validity and enforceability of guaranty agreements and an order requiring the sale of stock that the guarantors pledged as collateral. Before the court was the guarantors' motion to transfer the proceeding to the Bankruptcy Court for the District of Maine pursuant to 28 U.S.C.S. § 157(a) and D. Me. R. 83.6.
Ruling: 
Declaratory judgment action that could result in increased funds for the estate transferred to bankruptcy court.
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Commercial case opionion summary, case decided on November 20,2009, LexisNexis #1209-096

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