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Summary: 42 B.R. 599 (1984) In re Peter W. KWAAK, Frances L. Kwaak, Debtors. Dennis G. BEZANSON, Esquire, Plaintiff, v. MAINE NATIONAL BANK, Maine Aviation Corporation, Peter William Kwaak, Frances Louise Kwaak, Defendants. In their chapter 7 petition, filed July 11, 1983, the debtors, Peter and Frances Kwaak, claim an exemption in a retirement plan held at Maine National Bank. The plan, entitled "Employees' Stock Bonus and Profit-Sharing Plan and Trust," is a benefit provided to the thirty-nine year old......read more.


Summary: 287 B.R. 589 (2003) In re Clare A. WOODMAN, Debtor. *590 Barry E. Schklair, Portland, ME, for Clare A. Woodman. (2) For purposes of this subsection, "disposable income" means income which is received by the debtor and which is not reasonably necessary to be expended — (A) for the maintenance or support of the debtor or a dependent of the debtor, including charitable contributions (that meet the definition of "charitable contribution" under section 548(d)(3)) to a qualified religious or charitabl......read more.


Summary: 332 B.R. 491 (2005) VITAL BASICS, INC., Appellant, v. VERTRUE INCORPORATED, Appellee. John P. McVeigh, Preti, Flaherty, Beliveau, Pachios & Haley, LLC, Portland, ME, for Vertrue Incorporated Debtor, Memberworks Incorporated Debtor, Appellees. VBI, the debtor before the Bankruptcy Court, challenges three related decisions by the Bankruptcy Court: (1) the February 23, 2005 Order denying the Motion to Vacate the Arbitration Award, (2) the April 6, *493 2005 Order granting the Motion to Confirm the ......read more.


Summary: 180 B.R. 15 (1995) In re CITICORP PARK ASSOCIATES, Debtor. Debtor Citicorp Park Associates ("Citicorp") has filed this motion seeking permission to apply a pre-petition fee retainer and post-filing cash collateral towards allowed attorney's fees. Pursuant to hearings held on February 15, 1995 and March 7, 1995, and a Joint Partial Stipulation of Facts submitted by the parties, this Court makes the following findings of fact: *16 I. FINDINGS OF FACT 1. In In re D'Anna, 177 B.R. 819 (Bankr.E.D.Pa.......read more.


Summary: 23 B.R. 160 (1982) In re Albert W. MORSE, Debtor. MAINE NATIONAL BANK, Plaintiff, v. Albert W. MORSE, Barbara M. Morse and Richard Joyce, Esquire, Trustee, Defendants. (a) The trustee shall have, as of the commencement of the case, and without regard to any knowledge of the trustee or of any creditor, the rights and powers of, or may avoid any transfer of property of the debtor or any obligation incurred by the debtor that is voidable by — (1) a creditor that extends credit to the debtor at the ......read more.


Summary: 58 B.R. 75 (1986) In re Clifford J. GOODWIN, Barbara J. Goodwin, DBA Goodwin's Discount Furniture and Appliance Center, Debtors. The claim represented a 100% penalty provided for by 26 U.S.C. § 6672, imposed upon the debtors as "responsible persons" for failure to collect and pay over employment taxes assessed against Goodwin's Discount Furniture, a Maine corporation of which the debtors were officers, for the period from June 1980 to September 1981. The IRS claim, which is a pre-petition unsecu......read more.


Summary: 189 B.R. 549 (1995) In re Richard BAIETTI and Donna Baietti, Debtors. BOMBARDIER CAPITAL, INC., Plaintiff, v. Richard BAIETTI, Defendant. *550 *551 Robert S. Lingley, Russell, Lingley & Silver, Bangor, ME, for Donna A. Baietti. Robert S. Lingley, Russell, Lingley & Silver, Bangor, ME, for Richard A. Baietti. In this adversary proceeding, Bombardier Capital, Inc., ("Bombardier"), seeks a determination that certain obligations owed to it by Richard Baietti ("Baietti" or "debtor") are excepted from......read more.


Summary: 135 B.R. 707 (1992) In re SHAPE, INC., Debtor. Shape alleges that Swisstronics was attempting to collect pre-petition debt from Shape by increasing its price post-petition, and that such activity not only amounted to a willful violation of the automatic stay, but also constituted an unfair method of competition and an unfair and deceptive business practice. As stated in Shape's memorandum opposing this motion, "Shape does not allege that charging high prices is itself a violation of Chapter 93A ......read more.


Summary: 344 B.R. 1 (2006) In re Earl N. McKINNEY, and Gwendy L. McKinney, Debtors. JPMorgan Chase Bank f/k/a The Chase Manhattan Bank, Movant, v. Earl N. McKinney, and Gwendy L. McKinney, Debtors/Respondents. [1] Facts Earl and Gwendy McKinney borrowed money from Domestic Loan and Investment Bank in 1995. JPMorgan Chase executed and delivered (to itself) a quit-claim deed to the McKinney residence on November 16, 2005.See M.C. Schinck v. Stephens (In re Stephens), 221 B.R. 290, 293-94 (Bankr.D.Me.1998) ......read more.


Summary: 431 B.R. 526 (2010) In re M.W. SEWALL & CO., Debtor. M.W. Sewall & Co. ("Sewall") filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code[1] on March 27, 2009. Shortly thereafter, the State of Maine Bureau of Alcoholic Beverages and Lottery Operations (the "Bureau") moved for relief from stay, seeking an order requiring Sewall to remit to it all receipts of lottery tickets delivered to Sewall prepetition, whether sold by Sewall pre- or postpetition. The Bureau asserts that ......read more.


Summary: 17 B.R. 620 (1982) In re Paul D. HUCKINS, Debtor. John T. McISAAC, Irene McIsaac, Plaintiffs, v. Paul D. HUCKINS, Defendant. The Plaintiffs now seek a determination that their claim against the Debtor is excepted from discharge on the ground that the Debtor obtained money from the Plaintiffs by false pretenses, false representation, or fraud. After carefully reviewing the evidence the Court concludes that the Debtor did obtain money from the Plaintiffs by a false representation. The Debtor expla......read more.




Summary: 8 B.R. 152 (1981) In re George F. LYON, Melody J. Lyon, Debtors. NORTHEAST BANK OF LEWISTON AND AUBURN, Plaintiff, v. George F. LYON, Melody J. Lyon, Defendants. Defendant Melody J. Lyon was issued a BankAmericard (now VISA) in her former name, Melody J. Ham, on or about October 27, 1977. Her husband, Defendant George F. Lyon, was added as an "authorized user" on or about March 2, 1979.


Summary: 29 B.R. 655 (1983) In re Karl Russell SANBORN Glennis Marie Sanborn, Debtors. Karl Russell SANBORN Glennis Marie Sanborn, Plaintiffs, v. BANGOR FEDERAL CREDIT UNION, Defendant. The debtors, Karl and Glennis Sanborn, seek a declaration under section 522(h) of the Bankruptcy Code that sums automatically deducted from Glennis Sanborn's salary and received by the defendant, Bangor Federal Credit Union, are avoidable preferences.


Summary: 4 B.R. 18 (1979) In the Matter of Manlea Wyman THOMPSON, Sr., Bankrupt. or otherwise seized, impounded or sequestered . . .; (6) rights of action arising upon contracts, . . . Under the clear language of § 70a the Trustee is vested by operation of law with the title of the bankrupt in rights of action described in both subsections (5) and (6), "except insofar as it is property which is held to be exempt. . . ." Section 6 of the Bankruptcy Act [11 U.S.C. § 24], provides: "This [Act] shall not aff......read more.


Summary: 166 B.R. 201 (1994) In re George R. JORDAN, Jr., Debtor. The standing Chapter 13 Trustee ("the Trustee") has moved this Court to dismiss,[1] or in the alternative convert, this proceeding on the basis that the debtor George Jordan, Jr. (the "Debtor" or "Jordan") is ineligible for relief under Chapter 13 because the aggregate amount of Jordan's unsecured debt exceeds the statutory limit of $100,000 imposed by 11 U.S.C. § 109(e).


Summary: 18 B.R. 29 (1982) In re GOODWIN'S DISCOUNT FURNITURE, INC., Debtor. NORWAY NATIONAL BANK, Plaintiff, v. GOODWIN'S DISCOUNT FURNITURE, INC., Defendant. David C. Hillman, Verrill & Dana, Portland, Me., for Goodwin's Discount Furniture, Inc. [1] The Debtor, Goodwin's Discount Furniture, Inc., filed its original petition seeking relief under Chapter 11 of the Code on January 5, 1981. The Bank also holds the personal guaranty of Clifford Goodwin which is secured by second and third mortgages on the p......read more.


Summary: 370 B.R. 1 (2007) In re Kevin D. BARRETT and Lorilyn K. Barrett. Because I conclude that the prepayment penalty is a cognizable component of the claim secured by an unavoidable mortgage, the judicial lien impairs the Debtor's homestead exemption and will be avoided.S.D.Ala.2001); In re Cisneros, 257 B.R. 332 (Bankr.D.N.M.2000); In re Mangold, 244 B.R. 901 (Bankr.S.D.Ohio 2000); In re Colson, 221 B.R. 162, 164 (D.Md.1997); In re Rehbein, 49 B.R. 250 (Bankr.D.Mass.


Summary: 32 B.R. 240 (1983) In re ROMEO J. ROY, INC., Debtor. ROMEO J. ROY, INC., and Modern Plumbing & Heating, Inc., Plaintiffs, v. NORTHERN NATIONAL BANK, Defendant, Counterclaim Plaintiff and Counterclaim Defendant, v. JIM ROY PLUMBING & HEATING PRODUCTS, INC., Counterclaim Defendant and Counterclaim Plaintiff, L. James Roy, and Jacqueline Roy, Counterclaim Defendants. James Robinson, Logan, Kurr, Hamilton & Robinson, Bangor, Me., for L. James Roy and Jacqueline Roy. [1]See, e.g., In re Seven Springs......read more.


Summary: 6 B.R. 842 (1980) In re Maria Louise NICHOLS, Debtor. DEPOSITORS TRUST COMPANY OF EASTERN MAINE, Plaintiff, v. Maria Louise NICHOLS, Defendant. The salesman testified that the 1979 Oldsmobile Cutlass was in stock at the time the Buyer's Order was executed by him on behalf of Beacon, that the debtor expressed an intention to obtain a loan with which to purchase the Cutlass; that the vehicle was sold to someone else by another salesman between July 26 and July 30, 1979, the date on which the debto......read more.