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...
ORDER SUSTAINING STATE TAX ASSESSOR'S OBJECTION AND DENYING CONFIRMATION Judge Peter G. Cary . This matter came before the Court on the Objection of State Tax Assessor to Confirmation of the Debtor's Chapter 13 Plan and Request for Enlargement of Time to File the Objection (the "MRS Objection") (Docket Entry ("D.E.") 60) filed by Jerome D. Gerard, the State Tax Assessor of the State of Maine Bureau of Revenue Services ("MRS"). 1 MRS objected to confirmation of the Debtor's Chapter 13...
MEMORANDUM OF DECISION MICHAEL A. FAGONE , Bankruptcy Judge . In this adversary proceeding, Mr. LaMantia has moved for judgment on the pleadings under Fed. R. Civ. P. 12(c). The complaint filed by Mr. and Mrs. Page paints a story of homeowners harmed, to a significant extent, by ill-placed trust in a residential contractor. The complaint does not, however, state any plausible claims for relief against Mr. LaMantia under the provisions of the Bankruptcy Code invoked by Mr. and Mrs. Page....
DECISION AND FURTHER ORDER REGARDING DEFENDANTS' MOTION TO ENFORCE THE STIPULATED PROTECTIVE ORDER AND UPHOLD CONFIDENTIALITY DESIGNATIONS PETER G. CARY , Bankruptcy Judge . Defendants Canadian Pacific Railway Company and Soo Line Railroad Company ("CP" and "Soo Line," respectively, and "Defendants," jointly) and plaintiff Robert J. Keach, solely in his capacity as the estate representative of the post-effective date estate of Montreal Maine & Atlantic Railway, Ltd. (the "Estate...
ORDER DENYING MOTION FOR SUMMARY JUDGMENT AND ADJUDICATING UNDISPUTED FACTS MICHAEL A. FAGONE , Bankruptcy Judge . Charles Pappas, the debtor, and Donna Parris, a creditor, have been embroiled in litigation for many years now. Their most recent skirmish arises out of Mr. Pappas's effort to obtain confirmation of a chapter 13 plan. Ms. Parris has moved for summary judgment, asking the Court to deny confirmation based on an asserted lack of good faith, as to both the petition and the plan....
ORDER ON MOTION TO COMPEL FILED BY U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST PETER G. CARY , Bankruptcy Judge . This matter came before the court on the motion of U.S. Bank Trust, N.A. ("U.S. Bank") seeking an order compelling James F. Whittaker to execute a certain quitclaim deed (Docket Entry ("D.E.") 93). Mr. Whittaker objects to the relief sought by U.S. Bank (D.E. 98). After reviewing the pleadings filed by the parties, the arguments presented at the...
ORDER GRANTING, IN PART, THE FIRST AND FINAL FEE APPLICATION OF JEFFREY P. WHITE AND ASSOCIATES, P.C. FOR COMPENSATION OF LEGAL SERVICES PETER G. CARY , Bankruptcy Judge . This matter came before the Court on the First and Final Fee Application of Jeffrey P. White and Associates, P.C. for Compensation of Legal Services (Docket Entry ("D.E.") 51) (the "Fee Application") pursuant to which Jeffrey P. White and Associates, P.C. (the "Applicant") seeks final allowance of $5,706.00 in fees and $...
ORDER GRANTING FEE APPLICATION IN PART MICHAEL A. FAGONE , Bankruptcy Judge . Jeffrey P. White and Associates, P.C. filed its First and Final Fee Application for Compensation of Legal Services [Dkt. No. 52] (the "Fee Application"). Mr. White represented the debtor in this chapter 13 case from the petition date until successor counsel entered an appearance two months later. Through the Fee Application, Mr. White seeks an award of $4,101.00 as compensation for services rendered and $412.45...
