MEMORANDUM OF LAW Hon. Peter G. Cary , United States Bankruptcy Judge . This bankruptcy case is another chapter in the decade long struggle between the Internal Revenue Service ("IRS") and Mr. Bailey over taxes. Much of that story is set forth elsewhere and is not relevant to the decision here. Now, the United States of America, on behalf the IRS, seeks to enforce its federal tax liens on debtor F. Lee Bailey's pension accounts and right to Social Security benefits. Mr. Bailey objected...
FINDINGS OF FACT AND CONCLUSIONS OF LAW Judge Peter G. Cary . This matter is before the Court following the judgment of the United States Bankruptcy Appellate Panel for the First Circuit (the "BAP"), dated July 19, 2017, reversing this Court's October 26, 2016 ruling that the Finance Authority of Maine's ("FAME") retention of funds garnished post-petition did not constitute a willful violation of the stay for which relief was warranted under 362(k)(1) of the Bankruptcy Code. 1 The BAP...
ORDER DENYING FINAL FEE APPLICATION OF MOLLEUR LAW OFFICE MICHAEL A. FAGONE , Bankruptcy Judge . James F. Molleur, Esq., filed the Final Application of Molleur Law Office for Compensation of Legal Services [Dkt. No. 38] (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. In the absence of timely...
MEMORANDUM OF DECISION Michael A. Fagone , United States Bankruptcy Judge . The parties disagree about whether two loans to the debtor resulted in debts that are excepted from discharge under 11 U.S.C. 523(a)(8). Certain material facts are not in dispute. But summary judgment — sought here by Wells Fargo — is only appropriate if there are no genuine issues of material fact in dispute and the moving party is entitled to judgment as a matter of law. See Fed. R. Civ. P. 56(a); see...
ORDER DENYING MOTION TO EXTEND TIME MICHAEL A. FAGONE , Bankruptcy Judge . The debtor filed a Motion to Enlarge Time to File Confirmation on Amended Chapter 13 Plan [Dkt. No. 11] (the "Motion"). The Motion is hereby denied. This chapter 13 case began on October 30, 2017. [Dkt. No. 1.] On the same day, the debtor filed her chapter 13 plan. [Dkt. No. 2.] A hearing on confirmation of the plan was scheduled for January 4, 2018. See [Dkt. No. 4]. Under D. Me. LBR 3015-2(a), the debtor was...
ORDER ON STATE TAX ASSESSOR'S MOTION REGARDING THE SCOPE OF THE STAY'S TERMINATION UNDER 11 U.S.C. 362(c)(3) PETER G. CARY , Bankruptcy Judge . This matter is before the Court on the motion of the State of Maine Bureau of Revenue Services ("MRS") for a determination of the scope of the termination of the automatic stay under 11 U.S.C. 362(c)(3). 1 Less than one year after the dismissal of a prior chapter 13 case, debtors James R. Roy and Stephanie L. Roy commenced this case and...
ORDER DENYING FIRST AND FINAL APPLICATION OF J. SCOTT LOGAN, ESQ. FOR COMPENSATION OF LEGAL SERVICES PETER G. CARY , Bankruptcy Judge . This matter came before the Court on Mr. Logan's October 20, 2017 First and Final Application of J. Scott Logan, Esq. for Compensation of Legal Services (the "Fee Application") pursuant to which Mr. Logan seeks compensation in the amount of $6,960.00 in fees and reimbursement of $400.18 in expenses, for a total award of $7,360.18. This case was dismissed...
ORDER ON DEBTORS' OBJECTION TO PROOF OF CLAIM MICHAEL A. FAGONE , Bankruptcy Judge . On September 20, 2017, Camden National Bank filed a Notice of Postpetition Mortgage Fees, Expenses, and Charges as a supplement to its Proof of Claim for $24,700.95 ("Claim No. 6"), which is secured by a mortgage on the debtors' residence. Through that Notice, the Bank asserts that it is entitled to recover, from the debtors or against the debtors' residence, attorney fees of $8,689.81 that the Bank...
MEMORANDUM OF DECISION Michael A. Fagone , United States Bankruptcy Judge . Robert Bailey seeks a determination that the debt owed to him by Ronald Reed was not discharged in Mr. Reed's chapter 7 case. Mr. Bailey contends that the debt is excepted from discharge under 11 U.S.C. 523(a)(2)(A) and 11 U.S.C. 523(a)(6). For the reasons described below, judgment will enter in favor of Mr. Reed. I. Findings of Fact The following facts are drawn from the evidence admitted at trial. 1 That...
ORDER DENYING DEBTOR'S MOTION TO RECONSIDER DISMISSAL PETER G. CARY , Bankruptcy Judge . This matter is before the Court on Roxanne Marie Gullikson's (the "Debtor") motion seeking an order either: (a) striking the 11 U.S.C. 109(g)(1) language from the Court's July 14, 2017 Order Dismissing Chapter 13 Case (Docket Entry ("D.E.") 50) (the "Dismissal Order") which would allow the Debtor to proceed forward in her new chapter 13 bankruptcy case (Case No. 17-20426); or, in the alternative, (b)...
ORDER GRANTING IN PART FOURTH INTERIM FEE APPLICATION OF MOLLEUR LAW OFFICE MICHAEL A. FAGONE , Bankruptcy Judge . James F. Molleur, Esq., filed the Fourth Interim Application of Molleur Law Office for Compensation of Legal Services [Dkt. No. 80] (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 GRANTING IN PART SECOND FEE APPLICATION OF PERRY O'BRIAN, ESQ. MICHAEL A. FAGONE , Bankruptcy Judge . Perry O'Brian, Esq., filed the Second Application for Compensation of Legal Services [Dkt. No. 78] (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. In the absence of timely objections or...
MEMORANDUM OF DECISION MICHAEL A. FAGONE , Bankruptcy Judge . Anthony J. Manhart, the chapter 7 trustee, seeks to avoid certain transfers from the debtors, David and Rilla Tidd, to S.W. Collins Company under 11 U.S.C. 547 and to recover the value of the transfers from S.W. Collins under 11 U.S.C. 550. [Dkt. No. 1.] S.W. Collins concedes that the transfers are preferences under section 547(b), but asserts affirmative defenses of contemporaneous exchange of new value under 11 U.S.C....
ORDER GRANTING IN PART FIRST FEE APPLICATION OF JOSEPH M. BALDACCI, ESQ. MICHAEL A. FAGONE , Bankruptcy Judge . Joseph M. Baldacci, Esq., (the "Applicant") filed the First Application of Law Office of Joseph M. Baldacci for Compensation of Legal Services [Dkt. No. 58] (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...
ORDER DENYING MOTION TO COMPEL TURNOVER OF PASSPORT AND REQUEST FOR SANCTIONS PETER G. CARY , Bankruptcy Judge . By his Motion to Compel Turnover of Passport and Request for Sanctions (Docket Entry ("D.E.") 12) (the "Motion"), Eric Dawson (the "Debtor") seeks an order compelling Maine Department of Health and Human Services ("ME DHHS") to release his passport, which was revoked, limited or restricted pre-petition pursuant to 42 U.S.C. 652(k) and 22 C.F.R. 51.60(a)(2) after the Debtor...
AMENDED ORDER DENYING TRUSTEE'S MOTION FOR INSTRUCTIONS PETER G. CARY , Bankruptcy JUdge . This matter came before the Court on the Trustee's Motion for Instructions (Docket Entry ("D.E.") 60) (the "Motion") filed by Peter Fessenden in his capacity as the Standing Chapter 13 Trustee (the "Trustee") seeking an order instructing him where to direct post-dismissal plan funds in light of a levy served on him by the State of Maine Revenue Services ("MRS"). Upon consideration of the Motion, the...
ORDER DENYING TRUSTEE'S MOTION FOR INSTRUCTIONS PETER G. CARY , Bankruptcy Judge . This matter came before the Court on the Trustee's Motion for Instructions (Docket Entry ("D.E.") 60) (the "Motion") filed by Peter Fessenden in his capacity as the Standing Chapter 13 Trustee (the "Trustee") seeking an order instructing him where to direct post-dismissal plan funds in light of a levy served on him by the State of Maine Revenue Services ("MRS"). Upon consideration of the Motion, the Response...
SECOND AMENDED ORDER DENYING TRUSTEE'S MOTION FOR INSTRUCTIONS PETER G. CARY , Bankruptcy Judge . This matter came before the Court on the Trustee's Motion for Instructions (Docket Entry ("D.E.") 60) (the "Motion") filed by Peter Fessenden in his capacity as the Standing Chapter 13 Trustee (the "Trustee") seeking an order instructing him where to direct post-dismissal plan funds in light of a levy served on him by the State of Maine Revenue Services ("MRS"). Upon consideration of the...
AMENDED ORDER DENYING TRUSTEE'S MOTION FOR INSTRUCTIONS PETER G. CARY , Bankruptcy Judge . This matter came before the Court on the Trustee's Motion for Instructions (Docket Entry ("D.E.") 60) (the "Motion") filed by Peter Fessenden in his capacity as the Standing Chapter 13 Trustee (the "Trustee") seeking an order instructing him where to direct post-dismissal plan funds in light of a levy served on him by the State of Maine Revenue Services ("MRS"). Upon consideration of the Motion, the...
ORDER DENYING TRUSTEE'S MOTION FOR INSTRUCTIONS PETER G. CARY , Bankruptcy Judge . This matter came before the Court on the Trustee's Motion for Instructions (Docket Entry ("D.E.") 60) (the "Motion") filed by Peter Fessenden in his capacity as the Standing Chapter 13 Trustee (the "Trustee") seeking an order instructing him where to direct post-dismissal plan funds in light of a levy served on him by the State of Maine Revenue Services ("MRS"). Upon consideration of the Motion, the Response...
