James Molleur's Maine Bankruptcy Blog
"I have been practicing and studying bankruptcy law and debt relief in the state of Maine for over 20 years. Throughout this time I have sought to educate my clients and clarify bankruptcy laws by writing a number of interesting and relevant articles."
"The information contained within these articles and throughout the site is not, nor is it intended to be, legal advice. If you are in financial distress and feel bankruptcy may be an option, please call (207) 283-3777, and schedule an appointment with me so that we can discuss your legal options."
Sincerely,
James F. Molleur
Nicolas Carter, Esq. Joins MLO
Jul 13, 2010Nicolas Carter joined Molleur Law Office (MLO) last month as its newest associate.
Nic brings to the office many skills and lots of knowledge that will be sure to complement the practice.
Nic graduated from the University of Southern Maine and went on to earn his law degree from the University of Maine, School of Law.
His course work while in law school focused on issues of business planning, taxation, and bankruptcy.
Prior to joining MLO, Nic interned at the United States Attorney’s Office in Portland where he gained valuable experience in understanding the intersection of taxation issues and bankruptcy.
Nic will work with consumer debtors in their Chapter 7 and 13 cases as well as provide valuable legal assistance to consumers facing foreclosure through his work with state court mediation programs.
He will also assist in the representation of borrowers in predatory lending cases and a host of other consumer fair debt collection actions, adversarial actions in the bankruptcy court, and automatic stay violation cases.
Clients needing assistance with the IRS and other state tax collection authorities will benefit from Nic’s knowledge of taxation which will allow him to provide them with advice and counsel.
Finally, he will provide assistance to those clients who are seeking benefits from the Social Security Administration. Our ability to provide competent, concise and effective representation to our clients will be greatly enhanced by the addition of Attorney Nicolas Carter to our office.
We are pleased he has become a member of our team.
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Maine Court Foreclosure Diversion Program
Jul 13, 2010The Maine Legislature recently passed a law that allows homeowners in foreclosure to attend a mediation session with their lenders in an attempt to find a resolution to the foreclosure action.
The purpose of the program is to assist homeowners and lenders in finding a joint solution to the foreclosure action at the beginning of the foreclosure process.
Homeowners are eligible for mediation if:
- a foreclosure case was filed after December 31, 2009
- the property is residential,
- the homeowner has lived in the home in the last six months,
- the home is his/her primary residence, and
- the building has 4 or less units, and
If you qualify for Court Mediation, you should contact the Court immediately by either sending in a letter or calling and letting them know you are interested in participating in Court Mediation.
You will then have to attend a mandatory informational session.
The mediation process will be explained to you and you will be told what information to provide to the Court and the lender and/or their attorney.
You will also be given a mediation date.
At the mediation session, you will sit down with the lender’s attorney, a representative from the lender (most likely via telephone) and a professional mediator.
Representation at Mediation: Molleur Law provides legal representation at mediation sessions to help promote and advocate for your rights and goals.
Please contact us at 283-3777 to set up an appointment for a free ½ hour consultation to review your specific situation.
The new mediation law can be found at: P.L. 2009 ch. 402, An Act To Preserve Home Ownership and Stabilize the Economy by Preventing Unnecessary Foreclosures, (effective June 15, 2009)
Operation of the program is governed by Maine Rule of Civil Procedure 93: http://www.cleaves.org/2010Me.Rules2.pdf
Supreme Court Decides Two Cases
Jun 28, 2010The U.S. Supreme Court recently issued several decisions in consumer bankruptcy court cases.
Each case addressed an issue that divided the circuit courts across the country. In the case of Schwab v. Reilly, the Supreme Court held that where a debtor claims a certain dollar exemption in property, the exemption is limited to the precise amount claimed by the debtor.
The debtor in the Schwab case believed the personal property being claimed exempt (certain business equipment) were worth approximately $10,000, and therefore claimed that amount exempt.
The trustee concluded the property was worth $17,000 and attempted to sell the property.
The debtor objected, arguing that the trustee should have challenged the exemption if he thought the exemption didn’t protect the entire property value.
The Supreme Court’s ruling means that bankruptcy trustees may challenge the amount of an exemption well past the exemption objection deadline.
In the second case, Hamilton v. Lanning, the Supreme Court held that determining projected disposable income for the purposes of the amount to be paid to the Chapter 13 Trustee each month under a Chapter 13 plan is not solely determined by the means test.
Some courts had held that the means test was a mechanical approach for determining a chapter 13 plan payment.
The Supreme Court concluded that the means test was a starting point for a plan payment, but it could be altered by evidence of a debtor’s income and expenses post-filing being different than the debtor’s income and expenses before filing.
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