ORDER ON FOURTH APPLICATION OF COMPENSATION OF LEGAL SERVICES PETER G. CARY , Bankruptcy Judge . This matter came before the Court on the Fourth Application of Molleur Law Office for Compensation of Legal Services (the "Fourth Fee Application") seeking an award of compensation in the amount of $10,012.00 and reimbursement of expenses in the amount of $53.67 incurred during the period October 15, 2019 through February 12, 2020 (the "Application Period"). Professionals may be awarded "...
MEMORANDUM OF DECISION Michael A. Fagone , United States Bankruptcy Judge . Many would agree that the market for healthcare in this country differs, in several material respects, from the markets for other goods. Some would agree that the healthcare market suffers from several anomalies. The plaintiff in this adversary proceeding, a critical access hospital in Calais, Maine, seeks to wield fraudulent transfer law to address one of these perceived anomalies: pricing. More specifically, the...
ORDER DENYING MOTION FOR JURY TRIAL MICHAEL A. FAGONE , Bankruptcy Judge . On January 28, 2020, the Debtor filed a Motion for Jury Trial [Dkt. No. 146]. The Motion for Jury Trial is hereby DENIED. Even if the Debtor had a right to a jury trial in a civil contempt proceeding (a proposition that is dubious, at best), see, e.g., Shilltani v. United States , 384 U.S. 364 (1996), the right has been waived by the debtor's failure to raise that right in a timely manner, see Fed. R. Civ. P....
ORDER DENYING MOTION TO REOPEN CASE MICHAEL A. FAGONE , Bankruptcy Judge . This matter came before the Court on the debtor's motion to reopen this chapter 7 case under 11 U.S.C. 350(b) and Fed. R. Bankr. P. 5010 [Dkt. No. 21] (the "Motion to Reopen"). The Court has considered the Motion to Reopen and the Memorandum filed therewith, the Objection to the Motion to Reopen filed by TD Bank, N.A. [Dkt. No. 25], and the Debtor's Reply Brief [Dkt. No. 31]. The Court conducted a hearing on the...
MEMORANDUM OF DECISION Michael A. Fagone , United States Bankruptcy Judge . On their Schedule C, the Debtors claim an exemption in the amount of $2,650 for certain art and paintings and an exemption in the amount of $525 for an antique curved glass cabinet. They identify Me. Rev. Stat. Ann. tit. 14, 4422(16) as the law allowing these exemptions. The objection of TPL Financial Services, LLC to these claimed exemptions will be overruled. 1 The parties' dispute raises several issues,...
ORDER DENYING TRUSTEE'S MOTION TO REQUIRE TAX COMPLIANCE AND PROHIBIT EXTENSIONS MICHAEL A. FAGONE , Bankruptcy Judge . The chapter 13 trustee has moved the Court for an order that would: (a) require the debtors to file any outstanding tax returns within 30 days of the date of the order without regard to any extension of the tax filing deadline obtained before the petition date; (b) require the debtors to file all tax returns due after the date of the order by the first applicable...
MEMORANDUM OF DECISION MICHAEL A. FAGONE , Bankruptcy Judge . Nathaniel R. Hull, chapter 7 trustee for Christopher D. Gistis, has filed a multi-count complaint [Dkt. No. 1] (the "Complaint") seeking, among other things, to: (a) avoid a transfer of the proceeds of an unauthorized, postpetition sale of real property; (b) recover those proceeds or their value; and (c) secure an award of damages for the application of those proceeds to the debt secured by a mortgage on the property. Cenlar...
ORDER DETERMINING OBJECTION TO CLAIM Michael A. Fagone , United States Bankruptcy Judge . On November 19, 2019, the Court conducted a consolidated evidentiary hearing on three matters: (i) Count I of the Debtor's complaint against Bayview Loan Servicing, LLC ("Bayview") in Adversary Proceeding No. 17-2065 [AP Dkt. No. 51]; (ii) the Debtor's objection to Bayview's claim [Dkt. No. 111], Bayview's response [Dkt. No. 114], and the Debtor's reply [Dkt. No. 118]; and (iii) confirmation of the...
ORDER GRANTING FEE APPLICATION IN PART MICHAEL A. FAGONE , Bankruptcy Judge . Jeffrey P. White and Associates, P.C., filed the First and Final Fee Application [Dkt. No. 73] (the "Fee Application"). Notice of the hearing to consider the Fee Application was provided in accordance with the applicable provisions of the United States Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and this Court's Local Rules. The debtors filed a timely objection [Dkt No. 76]. At a hearing on...
ORDER OVERRULING OBJECTIONS TO CLAIMS ON PROCEDURAL GROUNDS PETER G. CARY , Bankruptcy Judge . This matter came before the Court on the Omnibus Motion to Determine Amount and Objection to Claims filed by the Debtor (the "Omnibus Claim Objection"). In that document, the Debtor objects to sixteen different claims held by seven different creditors. Omnibus objections are only permitted when certain conditions outlined in Fed. R. Bankr. P. 3007(d) and (e) are satisfied. Principles of due...
ORDER DENYING MOTION FOR REFUND OF FILING FEE PETER G. CARY , Bankruptcy Judge . This matter came before the Court on the Motion for Refund of Filing Fee filed by Susan Lynch and Michael Lawson on November 13, 2019 seeking a refund of the $310.00 fee they paid in connection with their Motion to Sever Case. Ms. Lynch and Mr. Lawson filed the Motion to Sever Case in response to a motion filed by the Chapter 13 Trustee seeking dismissal of the above-captioned case. The Court granted the...
ORDER DENYING MOTION TO EXTEND TIME PETER G. CARY , Bankruptcy Judge . Beverly Lavigne filed a "Motion for Time Extension" on November 14, 2019, which appears on the docket at Docket Entry ("D.E.") 47. It is difficult to discern the specific relief Ms. Lavigne seeks. She claims she needs "additional time to Reply to (2 motions) Motion Denying to Reopen Case, and Motion Denying to Proceed in Forma Pauperis." The Court construes this as a request for additional time to file a notice of...
ORDER DISMISSING CASE FOR WILLFUL FAILURE TO ABIDE BY ORDERS OF THE COURT PETER G. CARY , Bankruptcy Judge . This matter is before the Court in connection with the September 12, 2019 Order to Show Cause (the "OSC") (Docket Entry "D.E." 22) in this case which is the sixth chapter 7 case commenced by Charles Scott Mollica, Sr. (the "Debtor") since June 1, 2017. By way of background, the Court dismissed all but one of the prior cases for failure to comply with orders establishing deadlines...
ORDER GRANTING IN PART AND DENYING IN PART FIRST AND FINAL FEE APPLICATION OF J. SCOTT LOGAN, ESQ. MICHAEL A. FAGONE , Bankruptcy Judge . J. Scott Logan, Esq. filed the First and Final Application for Compensation of Legal Services [Dkt. No. 100] (the "Fee Application"). Notice of the hearing to consider the Fee Application was provided in accordance with the applicable provisions of the United States Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and this Court's Local Rules....
ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS PETER G. CARY , Bankruptcy Judge . This matter came before the Court on the Debtor's motion seeking to proceed in forma pauperis (Docket Entry "D.E." 37) on her Motion to Reopen Bankruptcy Case. Courts are authorized to waive fees where the Court determines that an "individual has income less than 150 percent of the income official poverty line . . . applicable to a family of the size involved and is unable to pay that fee in installments....
ORDER DENYING MOTION TO REOPEN CASE PETER G. CARY , Bankruptcy Judge . This matter came before the Court on the Debtor's Motion to Reopen Bankruptcy Case filed on October 25, 2019 (Docket Entry "D.E." 35) (the "Motion to Reopen"). Earlier, the Court dismissed this case by order dated February 5, 2016 (D.E. 13) after the Debtor failed to timely file a creditor matrix, a verification of creditor matrix and a list of creditors holding the twenty largest unsecured claims (the "Dismissal Order")...
ORDER DENYING MOTION IN LIMINE AND REQUEST FOR EXPEDITED HEARING MICHAEL A. FAGONE , Bankruptcy Judge . On October 30, 2019, the debtor filed a Motion in Limine Regarding Burden of Proof as to Proof of Claim [Dkt. No. 234] (the "Motion in Limine"). That same date, the debtor filed a request for an expedited hearing on the Motion in Limine [Dkt. No. 235] (the "Motion to Expedite"). The Court has significant discretion in ruling on a motion in limine. See Clukey v. Town of Camden , 894...
ORDER GRANTING IN PART AND DENYING IN PART FINAL FEE APPLICATION OF MOLLEUR LAW OFFICE MICHAEL A. FAGONE , Bankruptcy Judge . Molleur Law Office filed the Final Application for Compensation dated September 23, 2019 [Dkt. No. 93] (the "Fee Application"). Notice of the hearing to consider the Fee Application was provided in accordance with the applicable provisions of the United States Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and this Court's Local Rules. Despite the...
MEMORANDUM OF DECISION MICHAEL A. FAGONE , Bankruptcy Judge . The Plaintiffs entered into a contract with the Defendant, a contractor, for improvements to their home. The Plaintiffs did not receive the benefit of their bargain and they sued him in state court. The Defendant then sought refuge in bankruptcy. The Plaintiffs now ask the Court to deny the Defendant's discharge and to determine that his debt to them is nondischargeable. The Defendant has moved for judgment on the pleadings...
ORDER ON PLAINTIFF'S MOTION FOR A PROTECTIVE ORDER Judge , Peter G. Cary , United States Bankruptcy Court for the District of Maine. Plaintiff Robert J. Keach, solely in his capacity as the estate representative of the post-effective date estate of Montreal Maine & Atlantic Railway, Ltd., moved this court for the entry of a protective order and an award of fees and costs in regard to the deposition notice served on the estate representative under Fed. R. Civ. P. 30(b)(6) by defendants...
