Case law

Howison v. Key Bank of Southern Maine (In Re Good Ship Appledore, Ltd.)

122 B.R. 821 · United States Bankruptcy Court, D. Maine · Dec 20, 1990

(Government's exhibit 19). *825 Clearly, the bank and the SBA provided the funds to preserve and maintain the "Appledore.” … Were the issue reached, it is questionable whether Robert Adler, who is clearly an “insider” to the debtor under Bankruptcy Code § 101(30)(B)(vi), would qualify as a "stranger” to the ship. 25 .46 U.S.C.App. § 922(a) and

Hale v. Kontaratos (In Re Kontaratos)

10 B.R. 956 · United States Bankruptcy Court, D. Maine · May 8, 1981

CBL stock would rather clearly appear to qualify as “investment securities” 6 subject to Article 8, Uniform Commercial Code — Investment Securities, 7 see UCC § 8-102(l)(b), were it not for the fact that the Maine Supreme … entrusted by a pledgor with possession of collateral depends upon the terms of their pledge agreement. 66 A secured party depending for the perfection of its security interest upon the possession of a UCC § 9-305 bailee must establish

Argus Management Corp. v. Pillsbury Co. (In Re Hillcrest Foods, Inc.)

40 B.R. 360 · United States Bankruptcy Court, D. Maine · May 16, 1984

The carrier is clearly liable to such holder for *364 delivery without procuring surrender of the bill of lading, in the absence of an agreement of the parties to the contrary or such conduct on their part as would justify … The section 547(c) defenses are affirmative defenses, and the creditor bears the burden of establishing them. Rovzar v. Seaboard Chemicals, Inc. (In re Saco Local Development Corp.), 30 B.R. 870, 872 (Bkrtcy.D.Me.1983).

Development Specialists, Inc. ex rel. Irving/Prime Creditors' Trust v. Kaplan (In re Irving Tanning Co.)

555 B.R. 70 · United States Bankruptcy Court, D. Maine · Aug 9, 2016

The Debtors were not immune to this. … The Trustee was unable to establish otherwise.

In Re Eastern Maine Electric Cooperative, Inc.

125 B.R. 329 · United States Bankruptcy Court, D. Maine · Mar 25, 1991

In light of the facts clearly established by a well developed record, EMEC’s plan exhibits defects that cannot be cured by balloting. See In re Copy Crafters Quickprint, Inc., supra, 92 B.R. at 980 . … In passing upon a request to order appointment of a committee of the cooperative’s members pursuant to 11 U.S.C. § 1102 (a)(2), this court determined that they hold a sufficient stake in the enterprise to qualify for appointment

In Re Eastern Maine Electric Cooperative, Inc.

121 B.R. 917 · United States Bankruptcy Court, D. Maine · Dec 3, 1990

As originally established in 1969, MMWEC was to be the power planning organization of the electric systems of certain Massachusetts municipalities. … The books and records of the Cooperative shall be set up and kept in such a manner that at the end of each fiscal year the amount of capital, if any, so furnished by each patron is clearly reflected and credited in an appropriate

John L. Hychko and Shannon E. Hychko

United States Bankruptcy Court, D. Maine · May 14, 2019

A debtor claiming an exemption carries the initial responsibility of establishing entitlement to that protection and can successfully do so by identifying the property and clearly designating the basis for the exemption … Hychko has not met her burden of establishing that those proceeds qualify as exempt because the settlement agreement does not state the precise nature of the damages (i.e. bodily injury, lost wages, etc.).

Calais Regional Hospital v. Carranza, in her capacity as administrator for the

United States Bankruptcy Court, D. Maine · Jan 12, 2021

The CARES Act and the circumstances surrounding its enactment were truly extraordinary, and Congress clearly communicated the need for speedy action, granting the Administrator only fifteen days to issue regulations, dispensing … FINAL CONSIDERATIONS Although the rules promulgated by executive agencies are not immune from judicial review, some amount of deference is generally warranted. But how much?

Penobscot Valley Hospital v. Carranza, in her capacity as administrator for the

United States Bankruptcy Court, D. Maine · Jan 12, 2021

The CARES Act and the circumstances surrounding its enactment were truly extraordinary, and Congress clearly communicated the need for speedy action, granting the Administrator only fifteen days to issue regulations, dispensing … FINAL CONSIDERATIONS Although the rules promulgated by executive agencies are not immune from judicial review, some amount of deference is generally warranted.

Davis v. Cox (In Re Cox)

274 B.R. 13 · United States Bankruptcy Court, D. Maine · Feb 22, 2002

The IRA’s Cox clearly has standing to contest disposition of the two individual retirement accounts. See, e.g., Owen v. … As shown below, the “choice” is wedded, indeed welded, to established state and federal legal principles.

Maine Circuit Breaker, Inc. v. Burnham

United States Bankruptcy Court, D. Maine · Dec 23, 2021

Specifically, MCB contends that the defendants’ failure to disclose the B3 scheme qualifies as a misrepresentation under Maine law and section 523(a)(2)(A). … An injury qualifies as “malicious” in this context if the injury was “wrongful and without just cause or excuse, even in the absence of personal hatred, spite or ill- will.” Printy v.

William C. Broder

United States Bankruptcy Court, D. Maine · Mar 14, 2019

The parties have not presented facts establishing with any certainty whether the York Beach property is owned solely by Mr. … D.N.H. 1994) (“The plain language of the statute clearly delineates between the rights of a third person beneficiary and the rights of the insured.

Kenneth L Raessler and Claudia D Raessler

United States Bankruptcy Court, D. Maine · Jan 10, 2020

C and clearly designating the basis for the exemption. … An antique cabinet used to store dishes in the Debtors’ home qualifies as a household furnishing.

Howard v. Burlington Northern & Santa Fe Railway Co. (In re Bangor & Aroostook Railroad)

320 B.R. 226 · United States Bankruptcy Court, D. Maine · Feb 15, 2005

Alternatively, they assert that the monthly “netting out” process was recoupment, immune from the Code’s applicable avoidance provision. … When “the language of the parties fails to clearly indicate their intention, it may be ascertained by other objective manifestations of intent, such as the facts and circumstances surrounding the transaction and the relationship

Candace Goldstein

United States Bankruptcy Court, D. Maine · Nov 19, 2021

This reasoning might be sound if the Bankruptcy Code provisions did not establish any federal exemptions but merely adopted state exemption laws for all debtors, and the rules in § 522(b) simply established … Counsel likewise staunchly refused to amend Debtor’s schedules to claim state law exemptions for which Debtor easily qualified, choosing instead to shoehorn those assets into exemptions which clearly did not encompass the

Khone Sanasy

United States Bankruptcy Court, D. Maine · Feb 14, 2019

LBR 1009-1(b), this second round of amended schedules and statements failed to clearly identify changes to the prior schedules and statements. 2016, Dkt. No. 1]. … Such an attorney may very well have a claim against the debtor’s estate for unpaid fees in connection with the pre-petition representation, and if that claim amounted to an adverse interest few attorneys would qualify for

Kirby v. 21st Mortg. Corp. (In re Kirby)

589 B.R. 456 · United States Bankruptcy Court, D. Maine · Jun 26, 2018

The Mortgage was modified by an agreement effective as of February 1, 2010, which established a new principal balance of $234,657.02. 4. … They clearly state an amount due and a due date. They threaten that a late fee will be added if payments are not made by the middle of the month. They state that they are attempts to collect a debt.

Rasmussen v. LaMantia

United States Bankruptcy Court, D. Maine · Oct 9, 2020

That same day, the Defendant asked the Plaintiffs to write him a second check, outside of the schedule of payments established by the contract. … Such reliance does not, however, immunize the debtor from a finding of fraudulent intent in all circumstances.