Case law

Wilner Wood Products Co. v. State of Maine Department of Environmental Protection (In Re Wilner Wood Products Co.)

119 B.R. 345 · United States Bankruptcy Court, D. Maine · Jul 11, 1990

Under either standard, the likelihood of success on the merits has been established. 3. Clearly, the balance of the harm element favors the debtor. … The DEP raises two arguments against jurisdiction—sovereign immunity, and the Anti-Injunction Act.

Internal Revenue Service v. Murphy

554 B.R. 535 · United States Bankruptcy Court, D. Maine · Feb 24, 2015

Sovereign immunity can, however, be waived by statute. … Under section 106(a)(1), the Bankruptcy Code waives sovereign immunity as to other enumerated sections of the Code: “Notwithstanding an assertion of sovereign immunity, sovereign immunity is abrogated as to a governmental

Hiersche v. Brassard (In Re Brassard)

162 B.R. 375 · United States Bankruptcy Court, D. Maine · Jan 5, 1994

A clearly articulated theory to establish that the discharge should be revoked and/or a clearly articulated theory under any other aspect of pertinent law that would establish that plaintiffs claims survive the defendant’ … Chapter 7 relief promises qualified debtors discharge of most prepetition indebtedness. 11 U.S.C. §§ 523 & 727.

Howison v. W.W. Grainger, Inc. (In Re Peterson)

88 B.R. 5 · United States Bankruptcy Court, D. Maine · Jun 16, 1988

It is also now virtually uniform among the states that a settlor cannot establish a spendthrift trust for his own benefit. Kwaak, 42 B.R. at 602 (citing Bogert, supra, § 223). … Thus, the debtor is clearly not the settlor of the Trust. The spendthrift provision in this proceeding is located in the Plan at Section Fifteen.

Collins v. Wealthbridge Mortgage Corp. (In re Collins)

474 B.R. 317 · United States Bankruptcy Court, D. Maine · Jul 12, 2012

The facts are uncontested and, thus, clearly established. . The present situation is distinguishable from that found in Canning or Pratt . … See 15 U.S.C. § 6809 (11) (defining "time of establishing a customer relationship” as "the time of establishing the credit relationship with the consumer” (emphasis added)).

Chase Manhattan Bank USA, N.A. v. Poor (In Re Poor)

219 B.R. 332 · United States Bankruptcy Court, D. Maine · Apr 3, 1998

However, as it is the only qualifying cash advance debt owed Chase by Poor it falls below § 523(a)(2)(C)’s $1,000.00 threshold. … Bixel (In re Bixel), 215 B.R. 772 , 778 & n. 3 (Bankr.S.D.Cal.1997) (reflecting that using a credit card account to pay off other credit card accounts was more clearly described as involving balance transfers rather than

Canning v. Beneficial Maine, Inc. (In Re Canning)

442 B.R. 165 · United States Bankruptcy Court, D. Maine · Feb 17, 2011

The letter, and HSBC’s stance in the weeks thereafter, plainly qualifies as an “act to collect, offset, or recover” a discharged debt, viz. the Cannings discharged personal obligation to repay their mortgage loan. … Though the legal prerequisites for relief must be clearly established, it does not necessarily follow that the burden of proof must be "clear and convincing”.

Foster v. Burns (In re Foster)

574 B.R. 19 · United States Bankruptcy Court, D. Maine · Aug 4, 2017

The record does, not clearly indicate what motions are currently before the State Court, the grounds, if any, Ms. … Foster's obligations under the Note, a dollar-for-dollar correlation between the proposed modification and the Note balance has not been clearly established. In the Chapter 13 Plan, Mr.

McAlister v. Slosberg (In Re Slosberg)

225 B.R. 9 · United States Bankruptcy Court, D. Maine · Sep 25, 1998

Notwithstanding the In re Geiger Court's concerns, however, the drafters of the 1978 Code clearly expressed the intention to so limit Tinker, see S.Rep. No. 95-989, p. 79 (1978); H.R.Rep. … See Reynolds-Marshall, 162 B.R. at 56 (analyzing the Tuttle standard and concluding that a finding thereto clearly satisfied § 523(a)(6)’s malice requirement). 24 .

In Re Maylin

155 B.R. 605 · United States Bankruptcy Court, D. Maine · Jun 9, 1993

But Taylor broadly states that, if neither the trustee nor a creditor objects, an exemption claim is established against all: even if the exemption is without foundation in law. … But, consistent with § 522(l), Rule 4003 and Taylor , the debtor can establish entitlement to an exemption, prima facie, by listing it specifically on his or her the schedules, designating clearly the basis for each exemption

In Re Cole

185 B.R. 95 · United States Bankruptcy Court, D. Maine · Aug 2, 1995

While the homestead exemption should be liberally construed in order to afford all the relief the legislature intended, it must not be so broadly construed as to ignore the Maine legislature’s clearly expressed intention … Even if I were to accept (for the moment) the proposition that a residence exemption can be established without prior occupancy, Cole has demonstrated nothing more than a vague intention to live on the Hartland property and

Dubois v. Fales & Fales, P.A. (In Re Dubois)

306 B.R. 423 · United States Bankruptcy Court, D. Maine · Mar 18, 2004

Section 522(f) establishes a debtor’s ability to avoid the fixing of a judicial lien on exempt property. … Clearly, the Maine residence exemption statute, by limiting the exemption to $25,000 against a single category of lien claim (i.e., a lien predating the statute’s effective date)' — a category not included in § 522(c) — is

In Re Petit

291 B.R. 582 · United States Bankruptcy Court, D. Maine · Mar 12, 2003

Also, many of the services described are really trustee duties, and are not sufficiently detailed to qualify as attorney time. … A fact clearly obvious to Key Bank, as well. 10 .

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

United States Bankruptcy Court, D. Maine · Jun 3, 2020

On the question of personal jurisdiction over the SBA generally, sovereign immunity presents little difficulty. The federal government and its agencies are immune from suit in the absence of a waiver. … In light of section 106, and because the SBA qualifies as a governmental unit under 11 U.S.C. § 101(27), sovereign immunity does not preclude the exercise of jurisdiction over the SBA as to the Debtor’s claim under section

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

United States Bankruptcy Court, D. Maine · Jun 3, 2020

On the question of personal jurisdiction over the SBA generally, sovereign immunity presents little difficulty. The federal government and its agencies are immune from suit in the absence of a waiver. … In light of section 106, and because the SBA qualifies as a governmental unit under 11 U.S.C. § 101(27), sovereign immunity does not preclude the exercise of jurisdiction over the SBA as to the Debtor’s claim under section

In Re Look

383 B.R. 210 · United States Bankruptcy Court, D. Maine · Mar 6, 2008

“While there is temptation to look for a federal definition of ‘purchase money security interest,’ prominent use of a term of art so closely identified with the Uniform Commercial Code and established state law counsels reference … “[T]he plain language of the hanging paragraph of section 1325(a) clearly and unambiguously calls for an all-or-nothing rule....” In re Sanders, 377 B.R. at 864.

In Re Remington

311 B.R. 315 · United States Bankruptcy Court, D. Maine · Jul 12, 2004

In pertinent part, Code § 522(f) establishes a debtor’s lien avoidance power: (1) Notwithstanding any waiver of exemptions but subject to paragraph (3), the debtor may avoid the fixing of a lien on an interest of the debtor … The notions of “impairment” and “avoidance” are now clearly defined by statute and, in this circuit, authoritative case law. Nelson v. Scala, 192 F.3d 32 (1st Cir.1999) (addressing amended statute’s avoidance formula).

Northeast Bank v. Caterpillar Financial Services Corp. (In Re T & R Flagg Logging Inc.)

399 B.R. 334 · United States Bankruptcy Court, D. Maine · Jan 23, 2009

But providing Caterpillar with pmsi priority based on the parties’ subjective expectations would do violence to Article Nine’s carefully crafted scheme establishing how consensual liens are created, perfected, and prioritized … Thus, a security interest does not qualify as a purchase-money security interest if a debtor acquires properly on unsecured credit and subsequently creates the security interest to secure the purchase price. 11 M.R.S.A. §

Fessenden v. Ireland (In Re Hobbs)

213 B.R. 207 · United States Bankruptcy Court, D. Maine · Sep 19, 1997

That which exists generally focuses on egregious conduct plainly qualifying as "fraudulent, unfair, or deceptive.” … It is complete, well-detailed, and clearly reasonable.

Cynthia Voisine

United States Bankruptcy Court, D. Maine · May 15, 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 … Court noted that “a HSA is not a substitute for wages, but rather is . . . a place to park wages that, if used for qualified healthcare expenses, allows favorable tax treatment.”