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...
