OPINION PETER G. CARY , Bankruptcy Judge . On November 12, 2015 the debtor, Matthew Beyea filed a Motion to Extend the Automatic Stay pursuant to 11 U.S.C. 362(c)(3)(B) (the "Motion"). Creditors Melissa Whall and Ditech Financial, LLC filed timely objections to the motion alleging the Debtor's bad faith as defined by 11 U.S.C. 362(c)(3)(C). Docket entries ("DE") 16 and 18. The court held a trial on the Motion on November 23, 2015 at which the parties presented evidence and examined the...
OPINION PETER G. CARY , Bankruptcy Judge . This matter came before me on Central Maine Healthcare Corporation's ("CMHC") motion seeking reconsideration of the August 20, 2015 sale order (the "Sale Order"), and amendment of certain findings and conclusions contained therein (the "Motion to Reconsider") (Docket Entry ("DE") 336). For the reasons discussed below, the Motion to Reconsider is DENIED. Debtor Parkview Adventist Medical Center sought to sell its assets to Mid Coast Hospital by...
MEMORANDUM OF DECISION Michael A. Fagone , United States Bankruptcy Judge , District of Maine. Howard W. Fitch and Davene J. Fitch have asked the Court for an order determining that their mortgage loan obligations are current. Because Rule 3002.1 of the Federal Rules of Bankruptcy Procedure is applicable to the mortgagee's claim and because the Debtors have not followed the procedure set forth in that rule, their motion will be denied. I. Background Howard and Davene Fitch (the "...
OPINION Hon. Peter G. Cary , United States Bankruptcy Court . This case raises the question of whether filing of a proof of claim based upon a time-barred debt violates the Federal and Maine Fair Debt Collection Practices Acts and the Bankruptcy Code. 1 The issue is before me on defendants LVNV Funding, LLC and Resurgent Capital Services' motion to dismiss the complaint of plaintiffs David A. Martel and Cheryl A. Martel. For the reasons set forth below, I conclude that filing a proof of...
ORDER DENYING MOTION TO DETERMINE THAT MORTGAGE DEFAULT IS CURED, POST-PETITION PAYMENTS HAVE BEEN MADE AND LOAN IS CURRENT MICHAEL A. FAGONE , Bankruptcy Judge . Norman G. Thibeault and Diane L. Thibeault have moved the Court for an order declaring that their residential mortgage loan has been cured by the completion of their chapter 13 plan and that the loan is current as of the date of the Court's order on their motion. Because they have not followed the procedure for this type of...
ORDER REOPENING CASE AND GRANTING RELATED RELIEF MICHAEL A. FAGONE , Bankruptcy Judge . Genis R. Timmerman (the " Debtor ") filed her Motion to Reopen Case, Motion to Vacate Discharge to Allow Filing of Reaffirmation Agreement and Amendment [D.E. 10] (the " Motion "). The Debtor's counsel served the Motion on (i) the Debtor; (ii) the United States Trustee; and (iii) a former Assistant United States Attorney. Apparently, no other service of the Motion was made. The Court conducted a...
MEMORANDUM OF DECISION 1 Melvin S. Hoffman , U.S. Bankruptcy Judge . Shai Shawn Tamir commenced this chapter 11 case on May 18, 2014. Among his assets are several apartment buildings in and around Portland, Maine. According to schedule D (creditors holding secured claims) of the schedules of assets and liabilities filed by Mr. Tamir in support of his bankruptcy petition, each of Bank of America ("BofA"), HSBC Bank ("HSBC"), and Citibank ("Citi"), is a creditor whose claim is secured by...
DECISION Hon. Peter G. Cary , Judge , United States Bankruptcy Court for the District of Maine This case deals with a recurring problem former spouses encounter when one of them ends up in bankruptcy court: can debt allocations and indemnifications arising from a divorce judgment survive discharge in a Chapter 13 bankruptcy That question is posed by plaintiff Cynthia B. Berube's complaint seeking a finding that certain obligations of her ex-husband, debtor/defendant Michael D. Berube,...
