MEMORANDUM OF DECISION PETER G. CARY , Bankruptcy Judge . This matter is before me on the Plaintiff/Counterclaim-Defendant Kelly L. Greene's (the "Plaintiff") motion seeking sanctions against Defendants/Counterclaimants J.D. Stewart, Inc. ("J.D. Stewart") and Jonathan D. Stewart (J.D. Stewart and Mr. Stewart are collectively referred to as the "Defendants") and their counsel, Robert M.A. Nadeau ("Mr. Nadeau") pursuant to Fed. R. Bankr. P. 7026 and 7037, Fed. R. Civ. P. 26 and 37, and Local...
MEMORANDUM OF DECISION PETER G. CARY , Bankruptcy Judge . I. INTRODUCTION. This matter raises the question of what, if any, jurisdiction the bankruptcy court has over an adversary proceeding after a Chapter 13 debtor voluntarily dismisses his case. The specific dilemma is whether a creditor can proceed in an adversary proceeding to determine the dischargeability of a debt against a debtor who has voluntarily dismissed his Chapter 13 case. After consideration of the parties' papers and...
ORDER DENYING MOTION FOR RECONSIDERATION MICHAEL A. FAGONE , Bankruptcy Judge . This chapter 13 case began on August 17, 2016 and was dismissed about seven weeks later. The Debtor now seeks reconsideration of the dismissal order. On August 17, 2016, the Debtor filed a chapter 13 petition. He did not file a chapter 13 plan on that day. On the next day, the Court issued an order directing the Debtor to file, among other things, a chapter 13 plan on or before August 31, 2016. In effect,...
ORDER PETER G. CARY , Bankruptcy Judge . This matter came before me on the objection of Robert J. Keach, the representative (the "Estate Representative") of the estate of Montreal Maine & Atlantic Railway, Ltd. (the "Debtor") 1 to Proofs of Claim No. 116-1 and 116-2 filed by Center Beam Flatcar Company ("Center Beam"). Based upon the arguments of counsel at hearing and their submissions, and for the reasons set forth below, the Estate Representative's objection is sustained. The entire...
OPINION PETER G. CARY , Bankruptcy Judge . This matter came before me on the chapter 7 trustee's objection to debtor Cynthia A. Chaney's claim of exemption in her wedding and engagement rings. (Docket Entry "DE" 15). The parties briefed the issue and presented oral argument. Based upon my consideration of the pleadings and the arguments made by the parties, I find that Ms. Chaney's wedding and engagement rings are exempt property and for the reasons set forth in the opinion below, the...
MEMORANDUM OF DECISION Peter G. Cary , Chief Judge , United States Bankruptcy Court. I. Introduction. This adversary proceeding emerges from the confirmed chapter 11 plan of the jointly administered cases of six debtors (the "Debtors"): Prime Tanning Company, Inc. ("Prime Delaware"), Irving Tanning Company ("Irving Tanning"), Prime Tanning Co., Inc. ("Prime Maine"), Cudahy Tanning Company, Inc. ("Cudahy"), Prime Tanning Corp. ("Prime Missouri") and Wismo Chemical Corp. ("Wismo"). The...
MEMORANDUM OF DECISION Michael A. Fagone , United States Bankruptcy Judge , District of Maine In this adversary proceeding, the chapter 7 trustee seeks to avoid a mortgage on real estate owned by the Debtor and her husband, as joint tenants, and then to sell their interests in the real estate. The Debtor and her husband object. The mortgagee, TD Bank, N.A., also objects. The trustee has moved for summary judgment on all counts of his complaint. TD Bank has also moved for summary judgment....
AMENDED MEMORANDUM OF DECISION 1 PETER G. CARY , Bankruptcy Judge . I. INTRODUCTION. This matter came before me on the motion for relief from stay and surrender of property by Falmouth Ventures, LLC ("Falmouth") (Docket Entry ("DE") 57). The motion brings to a head the question of whether the assumption and rejection provisions of the United States Bankruptcy Code 2 , 11 U.S.C. 365(d)(4)(A), apply in chapter 13 cases. I find that they do and will grant Falmouth's motion, in part, for...
MEMORANDUM OF DECISION Peter G. Cary , Judge , United States Bankruptcy Court I. INTRODUCTION. This matter came before me on the motion for relief from stay and surrender of property by Falmouth Ventures, LLC ("Falmouth") (Docket Entry ("DE") 57). The motion brings to a head the question of whether the assumption and rejection provisions of the United States Bankruptcy Code 1 , 11 U.S.C. 365(d)(4)(A), apply in chapter 13 cases. I find that they do and will grant Falmouth's motion, in...
ORDER DIRECTING EMPLOYER TO DEDUCT AND PAY OVER MICHAEL A. FAGONE , Bankruptcy Judge . The chapter 13 trustee asked the Court for an order directing Ms. Richards's employer, Acadia Hospital, to withhold $201.69 from her biweekly wages and to pay such withheld amounts to the trustee as plan contributions. See Motion for Order Directing Employer to Deduct and Pay Over [D.E. 42] (the "Motion"). Although no plan has been confirmed in this chapter 13 case, the trustee represents that the...
OPINION ON APPLICATION FOR COMPENSATION Hon. Peter G. Cary , Bankruptcy Court, District of Maine . This matter is before me on the Second Application of Molleur Law Office ("MLO") for Compensation for Services (Docket Entry ("DE") 287). In making my determination I have considered, among other things, the second fee application, the objections of debtor Mark P. Sangillo and the Chapter 13 Trustee (DE 295, 301), and MLO's responses to those objections (DE 297, 302). I also reviewed MLO's...
OPINION PETER G. CARY , Bankruptcy Judge . This matter is before me on the First Application of Lee Anne Graybeal, Esq. for Compensation for Services (Docket Entry ("DE") 49) (the "Fee Application"). In making my determination, I have considered the Fee Application, the Chapter 13 Trustee's (the "Trustee") objection (DE 55), and Ms. Graybeal's response (DE 65). Ms. Graybeal bears the burden of proof as the applicant. In re Hansbury , 2015 WL 2445051, at *1 (Bankr. D. Me. May 20, 2015)....
ORDER ON APPLICATION FOR COMPENSATION PETER G. CARY , Bankruptcy Judge . This matter is before me on the Second Application for Compensation for Services by Lee Anne Graybeal, Esq. (Docket Entry ("DE") 120) (the "Fee Application"). In making my determination I have considered, among other things, the Fee Application, the Chapter 13 Trustee's (the "Trustee") objection (DE 125) and Ms. Graybeal's response (DE 126). Ms. Graybeal bears the burden of proof as the applicant. In re Hansbury ,...
OPINION This matter is before me on the Second Application for Compensation for Services by Lee Anne Graybeal, Esq. (Docket Entry ("DE") 81) (the "Fee Application"). In making my determination I have considered, among other things, the Fee Application, the Chapter 13 Trustee's (the "Trustee") objection (DE 84), and Ms. Graybeal's response (DE 85). Ms. Graybeal bears the burden of proof as the applicant. In re Hansbury, 2015 WL 2445051, *1-*2 (Bankr. D. Me. May 20, 2015). The law I apply in...
ORDER PARTIALLY SUSTAINING OBJECTION TO MOTION TO ALLOW AND DISALLOW CLAIMS PETER G. CARY , Bankruptcy Judge . This matter came before me on debtors Brian and Abbey LeFrance's (the "Debtors") motion to allow and disallow claims (Docket Entry ("DE") 77) (the "Motion"). All objections to the Motion were resolved except that of Robert W. Michaud (DE 78). A hearing on this matter was held on January 20, 2016. For the reasons indicated below, the Mr. Michaud's objection is SUSTAINED , in part....
ORDER DENYING MOTION TO DISMISS MICHAEL A. FAGONE , Bankruptcy Judge . Felicity A. Ferrell has asked the Court for an order that accomplishes two things: first, a dismissal of her chapter 7 case and second, a prohibition on her filing any type of case under Title 11 for 180 days. See Debtor's Motion for Order Approving Voluntary Dismissal [D.E. 30] (the " Motion to Dismiss "). Because Ms. Ferrell has not met her burden of establishing cause for dismissal, the Motion to Dismiss is...
